Commissioner Of Income Tax,Chennai v. Https://Hcservices.ecourts.gov.in/Hcservices

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2021 CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.Nos.688 to 692 of 2013 Commissioner of Income Tax,Chennai.... Appellantin all appeals Vs. Smt.Vijaya InbasagaranNo.2, 10[th] Street,T 62, Anna Nagar,Chennai - 600 040. ... Respondentin all appeals Tax Case Appeals in T.C.A.Nos.688 to 692 of 2013 preferredunder Section 260A of the Income Tax Act, 1961, against theorder of the Income Tax Appellate Tribunal, Madras, “A” Bench,dated 27.09.2012 in I.TA.Nos.816/Mds/2009, 817/Mds/2009,818/Mds/2009,955/Mds/2009andC.O.No.206/Mds/2009inI.T.A.No.955/Mds/2009, respectively for the Assessment Years1993-94, 1994-95, 1995-96, 1993-94 and 1993-94 respectively,against the order of the Commissioner of Income Tax (Appeals)IV, Chennai dated 19/03/2009 in Appeal No.CIT(A)-IV/CHE/791/06-07, dated 23/03/2009 in Appeal No.CIT(A)-IV/CHE/792/06-07; dated19/03/2009 in Appeal No.CIT/A-IV/CHE/788/06-07 against theassessment order of the Deputy Commissioner of Income Tax,Central Circle I(2)i/c, Chennai, dated 18/03/2002, 15/03/2001,18/03/2002, 29/03/2006 and made in PAN/GIR No.10734 V. For Appellant : Mr.M.Swaminathan Senior Standing Counsel in all appeals For Respondent : Mr.M.Kaushik for Mr.S.Sridhar in all appeals https://hcservices.ecourts.gov.in/hcservices/ C O M M O N J U D G M E N T (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel for the appellant/Revenue and Mr.M.Kaushik forMr.S.Sridhar, learned counsel for the respondent/assessee. 2.The above appeals, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 (for short, the Act), are directedagainsttheorderdated27.09.2012madeinI.TA.Nos.816/Mds/2009, 817/Mds/2009, 818/Mds/2009, 955/Mds/2009and C.O.No.206/Mds/2009 in I.T.A.No.955/Mds/2009, on the file ofthe Income Tax Appellate Tribunal, Madras, “A” Bench (forbrevity, the Tribunal) for the Assessment Years 1993-94, 1994-95, 1995-96, 1993-94 and 1993-94 respectively. 3.The above appeals were admitted on 17.04.2014 on thefollowing substantial question of law:“Whether on the facts and in the circumstances ofthe case, the Tribunal was right in holding thatreassessment proceedings were not validly initiatedand thereby quashing the proceedings?” 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeals are not pursued by the Revenue onaccount of the Low Tax Effect in terms of Circular No.17/2019dated 08.08.2019 issued by the Central Board of Direct Taxes. Bythe said Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 crore.It is further submitted that the tax effect in these cases isless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed is left open. Inthe event the tax effect in these cases is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the aboveappeals to be heard and decided on merits. No costs. Sd/- Assistant Registrar(CS-III)//True Copy// Sub Assistant Registrar mkn https://hcservices.ecourts.gov.in/hcservices/ To 1.The Income Tax Appellate Tribunal, Madras, “A” Bench. Madras, “A” Bench. 2.The Commissioner of Income Tax (Appeals)-IV, 121, Mahatma Gandhi Salai, Nungambakkam, Chennai-34. 121, Mahatma Gandhi Salai, Nungambakkam, Chennai-34. 3.The Deputy Commissioner of Income Tax, Central Circle I(2), i/c, Chennai-600 034. Central Circle I(2), i/c, Chennai-600 034. T.C.A.Nos.688 to 692 of 2013GJ(CO)CB(17/04/2021)