Commissioner Of Income Tax,Chennai v. M/S.arvind A Traders,21A, 5[Th] Cross Street, Karur

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Commissioner of Income Tax,Chennai... Appellant/Appellant -vs- M/s.Arvind A Traders,21A, 5[th] Cross Street, Karur... Respondent/Respondent Appeal under Section 260A of the Income-tax Act, 1961,against the order dated 14.06.2012, on the file of the Income-taxAppellateTribunal'C'Bench,Chennai,inI.T.A.No.1652/Mds/2008 for the assessment year 2004-05 againstthe Order of the Commissioner of Income Tax, Tiruchirapalli inITA No.507/06-07, dated 23.05.2008 and against the the DeputyCommissioner of Income Tax, Tiruchirapalli in AAFFA 2613N/2004-05 dated 19.12.2006 For Appellant: Mr.M.Swaminathan,Senior Standing Counsel : and Ms.S.Premalatha,Junior Standing Counsel For Respondent: No appearance This appeal filed by the appellant/Revenue under Section 260Aof the Income-tax Act, 1961, is directed against the order dated14.06.2012, passed by the Income-tax Appellate Tribunal 'C'Bench, Chennai, in I.T.A.No.1652/Mds/2008 for the assessmentyear 2004-05. https://hcservices.ecourts.gov.in/hcservices/ 2.The above appeal was admitted, on 06.06.2013, on thefollowing substantial question of law:-“Whether on the facts and in the circumstancesof the case the Tribunal was right in holding thatassessee is entitled for depreciation on thewindmill on the ground that it was put to use by31.03.2004?” 3.Heard Mr.M.Swaminathan, learned Senior Standing Counsel andMs.S.Premalatha, learned Junior Standing Counsel for theappellant. 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019,dated 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 this case is lessthan the threshold limit. 5. In the light of the said submissions, the above tax caseappeal is dismissed on account of the low tax effect. Thesubstantial question of law framed is left open. In the eventthe tax effect is above the threshold limit fixed in the saidcircular, liberty is granted to the Revenue to make a mention tothis Court to restore the appeal to be heard and decided onmerits. No costs.abr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To1.The Deputy Commissioner of Income-tax,Circle-II, Tiruchirappalli. 2.The Commissioner of Income-tax (Appeals),No.4, Williams Road, Cantonment, Tiruchirappalli. 3.The Income-tax Appellate Tribunal 'C' Bench, Chennai. 4.The Commissioner of Income Tax, Chennai. +1cc to Mr.M/Swaminathan, Advocate, SR.No.72336 https://hcservices.ecourts.gov.in/hcservices/