Commissioner Of Income Taxchennai v. Ramashaimal Sahuwala & Sonscharitable Trust24 Cathedral Road,Chennai 34

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 5.4.2019 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Tax Case Appeal No.424 of 2009 Commissioner of Income TaxChennai ...Appellant/Appellant Vs. Ramashaimal Sahuwala & SonsCharitable Trust24 Cathedral Road,Chennai 34....Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'B' Bench, Chennai, dated 26.9.2017 made in ITANo.1429/Mds/2006 against the order of the Commissioner of IncomeTax (Appeals) XI, 121, Mahathma Gandhi Road, Chennai 600 034dated 14.02.2006 made in I.T.A. No. 369/04-05 and G.I/P.A. No.4635R Assessment year 1997-1998 and against the order of theAssistant Director of Income Tax (Exemptions)IV (i/c) Chennai 34for the Previous year 31.03.1998 PAN/GIR No. 4635-R date oforder 24.02.2005. For Appellant: Mr.J.Narayanasamy, Senior Standing Counsel For Respondent : Mr.M.P.Senthilkumar, assisted by Ms.Sree Lakshmi Selvi This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'B' Bench, Chennai, dated 26.9.2017 madein ITA No.1429/Mds/2006, by raising the following substantialquestion of law: "(i) Whether, on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal is https://hcservices.ecourts.gov.in/hcservices/ right in holding that the assessee was eligible forexemption under Section 11 of the Income Tax Act, onaccount of the income earned from running of theKalyana Mandapam?" 2. When the matter is taken up for admission, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNO.3/2018 dated 11.7.2018 wherein it is stipulated that appealsshall not be filed/pursued by the Department before the HighCourt in cases where the tax effect does not exceed RS.50 lakhs. 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 not pressed, keeping open thesubstantial question of law for determination in an appropriatecase. s/d- Assistant Registrar True Copy Sub-Assistant Registrarssk.To1. Commissioner of Income Tax Chennai2. Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai3. The Assistant Director of Income Tax (Exemptions) IV, Income Tax Office, Chennai 600 034. 4.The Commissioner of Income Tax (Appeals)121, Mahathma Gandhi RoadChennai 34. +1 CC to Mr.J.Narayanasamy, Advocate sr 33647.+1 CC to Mr.N.Muthukumar, Advocate sr 34124 TCA No.424/2009 NA(CO)SP(31/05/2019)