Commissioner Of Income-Tax,Chennai v. M/S.sical Logistics Limited,73 – Armenian Street,Chennai-600 001

IN THE HIGH COURT OF JUDICATURE AT MADRAS The Honourable Mr.Justice T.S.SIVAGNANAMand The Honourable Mr.Justice SATHI KUMAR SUKUMARA KURUP T.C.(A).Nos.134 & 135 of 2013 Commissioner of Income-tax,Chennai....Appellant in both Appeals -vs- M/s.Sical Logistics Limited,73 – Armenian Street,Chennai-600 001. ...Respondent in both Appeals Appeals under Section 260A of the Income Tax Act, 1961against the order dated 08.05.2012 made in I.T.A.Nos.390 & 391(Mds)/2012 on the file of the Income Tax Appellate Tribunal 'A'Bench, Chennai for the assessment years 2004-05 and 2006-07respectively. And against the O/o Commissioner & Income-Tax(Appeals)-VI, 121, Mahatma Gandhi Road, Chennai-600 034, andmade in 350/10-11 & ITA.No.391/10-11 dated 30.11.2011 andagainst te O/o (i) Deputy Commissioner & Income-Tax CompanyRange V(i), Chennai, made in AAACS3789B/51004S/2004-05 dated06/01/2010. (ii) Assistant Commissioner of Income-Tax, CompanyCircle-V(i), Chennai-34 made in AAACS3789B dated 30/11/2011 &30/12/2008 of the Assessment year 2006-07. For Respondent : No appearance(In both Appeals) COMMON JUDGMENT These appeals, by the appellant/Revenue, filed under Section260A of the Income Tax Act, 1961, are directed against the orderdated 08.05.2012, made in I.T.A.Nos.390 & 391(Mds)/2012 on thefile of the Income Tax Appellate Tribunal 'A' Bench, Chennai forthe assessment years 2004-05 and 2006-07 respectively. https://hcservices.ecourts.gov.in/hcservices/ 2.T.C.(A).No.134 of 2013 was admitted on 10.04.2013, on thefollowing substantial question of law:- “Whether under the facts and circumstances ofthe case, the Income Tax Appellate Tribunal wascorrect in upholding the order of theCommissioner of Income Tax (Appeals) for applyingthe value of the land as per the valuation reportsubmitted by the assessee and not the value asper the records of the Sub Registrar, for thepurpose of arriving at the fair market value ofthe property as on 1[st] April, 1981?” 3.T.C.(A).No.135 of 2013 was admitted on 10.04.2013 on thefollowing substantial questions of law:- 1.Whether under the facts and circumstancesof the case, the Income Tax Appellate Tribunalwas correct in upholding the order of theCommissioner of Income Tax (Appeals) whoconfirmed the addition made by the assessingofficer under Section 14A, only to the extent of2% of dividend earned by the assessee? And 2.Whether the Income Tax Appellate Tribunalwas correct in stating that the method ofcalculation of the disallowance set forth in Rule8D would be applicable only for assessment year2008-09 and subsequent assessment years?” 4.Heard Mr.J.Narayanaswamy, learned Senior Standing Counselfor the appellant/Revenue. 5.Though notice has been served on the respondent/assesseeand their name is printed, none appears for them. 6.The learned Senior Standing Counsel for theappellant/Revenue submits that the above appeals are not pursuedby the Revenue on account of the low tax effect in terms ofCircular No.17/2019, dated 08.08.2019 issued by the CentralBoard of Direct Taxes. By the said Circular, the monetary limitfor filing or pursuing an appeal before the High Court has beenincreased to Rs.1 Crore. It is further submitted that the taxeffect in these cases is less than the threshold limit. 7.In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the event,the tax effect is above the threshold limit fixed in the said https://hcservices.ecourts.gov.in/hcservices/ circular, liberty is granted to the Revenue to make a mention tothis Court to restore the appeals to be heard and decided onmerits. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar abr To 1. The Income Tax Appellate Tribunal 'A' Bench, Chennai. 2. The Commissioner of Income-Tax, (Appeals-VI) 121, Mahatma Gandhi Road, Chennai-600 034. 7.In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the event,the tax effect is above the threshold limit fixed in the said https://hcservices.ecourts.gov.in/hcservices/ circular, liberty is granted to the Revenue to make a mention tothis Court to restore the appeals to be heard and decided onmerits. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar abr To 1. The Income Tax Appellate Tribunal 'A' Bench, Chennai. 2. The Commissioner of Income-Tax, (Appeals-VI) 121, Mahatma Gandhi Road, Chennai-600 034. 3. The Deputy Commissioner of Income-Tax, Company Range- V(i), Chennai – 34. 4. The Assistant Commissioner of Income-Tax, Company Circle-V(i), Chennai -34. T.C.(A).Nos.134 & 135 of 2013 RR(CO)LS(01/09/2021)