Commissioner Of Income Taxchennai v. M/S.kochar Realtors Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (A) No.210 of 2015 Commissioner of Income TaxChennai. ... Appellant/Respondent Vs. M/s.Kochar Realtors Pvt. Ltd.,18/21, Coats Road,T.Nagar, Chennai 600 017. ... Respondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'C' Bench, Chennai, dated 28.10.2013 made in ITANo.51/Mds/2011 against the order passed by the Commissioner of Income Tax,Chennai-I, Chennai dated 27/10/2010 made in C.NO.218(35)/CIT-1/263/2010-11 and against the order passed by the Income TaxOfficer (OSD) Company Circle-II (4) (i/c) Chennai, dated10/11/2008 made in GIR No./PAN No. for Assessment Year2006-07. For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : No appearance. (Delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by the Revenue, callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'C' Bench, Chennai, dated 28.10.2013made in ITA No.51/Mds/2011, for the Assessment Year 2006-2007,by raising the following substantial questions of law: https://hcservices.ecourts.gov.in/hcservices/ "(i) Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right incancelling the order passed under Section 263 of theIncome tax Act? (ii) Is not the finding of the Tribunal badespecially when the reassessment proceedings in aparticular year are governed by Section 153 of theIncome Tax Act and the principle of res judicatacannot be applied to income tax proceedings?" 2. When the matter is taken up for hearing, learned SeniorStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8th August 2019, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the Appeal filedby the Revenue is dismissed, as withdrawn, keeping open thesubstantial questions of law for determination in appropriatecases. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssk. To 1. The Commissioner of Income Tax, Chennai. 2. The Income Tax Appellate Tribunal, 'C' Bench, Chennai. 3. The Commissioner of Income Tax, Chennai-I, Chennai. 4. The Tax Officer (OSD), Company Circle-II(4)(i/c), Chennai. ca[co]srg 01/07/2020 Tax Case (A) No.210 of 2015