Commissioner Of Income Taxchennai v. Alpha Systems P Ltd30 & 32, Ramana Residency4[Th] Cross, Bangalore – 560 038

Tax Case Nos. 982 & 983 of 2008 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.12.2021 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ Tax Case (A) Nos. 982 and 983 of 2008 T.C. No. 982 of 2008:- Commissioner of Income TaxChennai. ...Appellant Vs. Alpha Systems P Ltd30 & 32, Ramana Residency4[th] Cross, Bangalore – 560 038. ... Respondent Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai “A” Bench, Chennai dated 30.11.2007 passed in I.T.A. No. 2323/Mds/2005. For Appellant : Mr. T.Ravi Kumar Senior Standing Counsel For Respondent : Mr. S.Sridhar Tax Case Nos. 982 & 983 of 2008 T.C. No. 983 of 2008:- Commissioner of Income TaxChennai. ...Appellant Vs. Alpha Systems P Ltd30 & 32, Ramana Residency4[th] Cross, Bangalore – 560 038. ... Respondent Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai “A” Bench, Chennai dated 30.11.2007 passed in Co105/Mds/07 in I.T.A. No. 2323/Mds/2005. For Appellant : Mr. T.Ravi Kumar Senior Standing Counsel For Respondent : Mr. S.Sridhar C O M M O N J U D G M E N T (Judgment was delivered by R. MAHADEVAN, J.) These tax case appeals have been filed by the appellant / Revenue, challenging the order dated 30.11.2007 passed by the Income Tax Appellate Tribunal, Bench 'A', Chennai, in I.T.A.No.2323/Mds/2005 and in Co105/Mds/07 in I.T.A.No.2323/Mds/2005, relating to the assessment year 1997-98. https://www.mhc.tn.gov.in/judis Page 2/5 2.By order dated 21.07.2008, this court admitted the aforesaid tax case appeals on the following substantial questions of law: “1. Whether on the facts and in the circumstances of the case, the Tribunal was right in considering the grounds of cross objection of the assessee without condoning the delay in filing the cross objection ? 2. Whether on the facts and circumstances of the case, the Tribunal was right in holding that the assessee had made full and true disclosure in the original return and reassessment proceedings under section 143(3) r/w 147 is not valid ?" 3.When these matters were taken up for consideration, the learned counsel for the appellant / Revenue brought to the notice of this court the Circular No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes, wherein, it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in these appeals are less than the threshold limit. https://www.mhc.tn.gov.in/judis Tax Case Nos. 982 & 983 of 2008 for the appellant / Revenue, the present appeals, wherein, the tax effect is said to be less than the monetary limit imposed, are dismissed as withdrawn, keeping open the substantial questions of law for determination in appropriate cases. No costs. Internet : YesIndex : Yes / No [R.M.D., J.] [M.S.Q., J.]14.12.2021 Maya To 1.The Income Tax Appellate Tribunal Madras “A” Bench, Chennai. Madras “A” Bench, Chennai. 2.The Commissioner of Income Tax Chennai. https://www.mhc.tn.gov.in/judis Tax Case Nos. 982 & 983 of 2008 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J.Maya Tax Case Nos. 982 and 983 of 2008 Dated : 14.12.2021