Commissioner Of Income Tax,Chennai v. M/S.simpson & Co. Ltd.,861/862, Anna Salai,Chennai-600 002

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMand THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.241 of 2017 Commissioner of Income Tax,Chennai... Appellant -vs- M/s.Simpson & Co. Ltd.,861/862, Anna Salai,Chennai-600 002.PAN: .. RespondentAppeal under Section 260A of the Income-tax Act, 1961,againsttheorderdated23.09.2016,madeinI.T.A.No.1488/Mds/2015 on the file of the Income Tax AppellateTribunal 'C' Bench, Chennai for the assessment year 2011-12,preferred against the order of the Commissioner of Income Tax(Appeals)-17,Chennai34dated20/01/2015made inITA.NO.25/2013-14/LTU(A) against the order passed by the DeputyCommissioner of Income Tax, Large Tax payer Unit, Chennai dated11.12.2013 for the Assessment year 2011-12. For Appellant:Mr.T.RavikumarSenior Standing Counsel &Ms.R.HemalathaSenior Standing Counsel For Respondent :Mr.R.Venkatanarayana,For M/s.Subbaraya Aiyar, Padmanabhan & RamamaniJUDGMENT(Delivered by T.S.Sivagnanam, J.) This appeal filed by the Revenue under Section 260A of theIncome-tax Act, 1961 is directed against the order dated23.09.2016, made in I.T.A.No.1488/Mds/2015 on the file of the 1/3 https://hcservices.ecourts.gov.in/hcservices/ Income Tax Appellate Tribunal 'C' Bench, Chennai for theassessment year 2011-12. 2.The appeal has been admitted on 06.06.2017, on thefollowing substantial question of law:-“Whether the benefit of additional depreciationin respect of new plant and machinery could onlybe claimed in respect of the year in which theplant and machinery was acquired or whether thesame could be carried over to any subsequentfinancial year, prior to the enhancement of theFinance Act, 2016 with effect from 10.04.2016?” 3.Heard Mr.T.Ravikumar and Ms.R.Hemalatha, learned SeniorStanding Counsel for the appellant – and Mr.R.Venkatanarayana,learned counsel, for M/s.Subbaraya Aiyar, Padmanabhan &Ramamani, for the respondent. 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 2/3 https://hcservices.ecourts.gov.in/hcservices/ To 1.The Income Tax Appellate Tribunal 'C' Bench, Chennai. 2.The Deputy Commissioner of Income Tax, Large Tax payer Unit, Chennai. 3.The Commissioner of Income Tax(Appeals)-17, Chennai. 4.The Commissioner of Income Tax, Chennai. +1cc to Mr.T.Ravikumar, Advocate sr.74353+1cc to M/s.Subbaraya Aiyar, Advocate sr.75143T.C.A.No.241 of 2017pm(co)nr 11/11/2019 3/3