Commissioner Of Income Taxchennai v. M/S.indian Additives Ltd.,Express Highway, Manali,Chennai-600 068

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.09.2018 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.1120 and 1121 of 2008 Commissioner of Income TaxChennai. .. Appellant in both the appeals Vs. M/s.Indian Additives Ltd.,Express Highway, Manali,Chennai-600 068. .. Respondent in both the appeals* * * Prayer : Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order ofthe Income Tax Appellate Tribunal Madras 'A' Bench, dated 12.10.2007 in M.P.No.192/Mds/2007 inITA No.193/Mds/2005 and M.P.No.193/Mds/2007 in ITA No.208/Mds/2005 respectively for theAssessment Year 2000-01.* * * For Appellant in : Mr.Karthik Ranganathanboth the appeals Standing Counsel For Respondent in : Mrs.Sree Lakshmi Valliboth the appeals J U D G M E N T [Judgment of the Court was delivered by T.S.Sivagnanam, J.] These appeals filed by the Revenue are directed against the order of the Income Tax AppellateTribunal Madras 'A' Bench, dated 12.10.2007 in M.P.No.192/Mds/2007 in ITA No.193/Mds/2005 andM.P.No.193/Mds/2007 in ITA No.208/Mds/2005 respectively for the Assessment Year 2000-01. 2. These appeals have been admitted vide order dated 19.08.2008 on the following substantialquestion of law:- �Whether, in the facts and circumstances of the case, the Tribunal was right in dismissing themiscellaneous petition file by the Revenue ?� 3. Learned counsel appearing for the Revenue pointed out that these appeals by the Revenue areagainst the order dismissing the miscellaneous petitions filed by the Revenue in the appeals filed bythe Assessee before the Tribunal. The Tribunal, while rejecting the appeals filed by the Assessee,consequently, dismissed the miscellaneous petitions, which are in the nature of cross appeals, and therefore, the orders passed by the Tribunal are erroneous. 4. It may not be necessary for us to answer the above substantial question of law, as the monetarylimit involved in these appeals is lesser than the amount fixed by the circular instructions issued bythe Central Board of Direct Taxes. This Court had an occasion to consider the effect of that circularin TCA.No.395 of 2018 dated 24.7.2018, the relevant portions of which are as follows :�4. Further, it is relevant to note that by Circular No.3/2018, dated 11.7.2018, monetary limit hasfurther been increased and appeals be maintainable before the High Courts. It has been increased toRs.50,00,000/-. Hence, viewed from any angle, this appeal could not have been filed.5. Thus, by applying the above Circular issued by the CBDT, this appeal ought not to have been filedby the Revenue and hence, for that reason, this tax case appeal is dismissed and the substantialquestions of law, framed for consideration, are left open.� 5. In the light of the above, the above appeals are closed. No costs. The substantial question of law isleft open for consideration. (T.S.S., J.) (V.B.S., J.) 03.09.2018 gg To 1.The Income Tax Appellate Tribunal Madras 'A' Bench. 2.The Commissioner of Income Tax,Chennai.3.The Commissioner of Income Tax (Appeals),Chennai. T.S.SIVAGNANAM, J. and V.BHAVANI SUBBAROYAN, J. gg T.C.A.Nos.1120 and 1121 of 2008 03.09.2018