Commissioner Of Income Tax,D.p.thottam, Muthialpet,Puducherry 605 003 v. M/S. Seva Mandir Trustseva Mandirparangipettai Viachidambaram Talukpan:aab Ts 0118 G

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 02.07.2021 CORAM: THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE R.HEMALATHA T.C.A.No.881 of 2015 Commissioner of Income Tax,D.P.Thottam, Muthialpet,Puducherry 605 003....Appellant vs M/s. Seva Mandir TrustSeva MandirParangipettai viaChidambaram TalukPAN:AAB TS 0118 G ...Respondent Appeal preferred under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Madras, "D" Bench, dated 21.01.2014 inITA.No.1647/Mds/2013 for the Assessment Year 2007-2008,against the order of the Commissioner of Income Tax (A)-XII,Chennai-34 dated 19/03/2013 in ITA No.93/09-10 against theAssessment order of the Income Tax Officer, Ward I(3),Cuddalore dated 03/12/2009 for the assessment year 2007-08. For Appellant : Mr.J.Narayanasamy Senior Standing Counsel For Respondent : Ms.Sriniraijani for M/s.Philip George JUDGMENT (Judgment was delivered by M. DURAISWAMY, J.) We have heard Mr.J.Narayanasamy, learned Senior StandingCounsel for the appellant/Revenue and Ms.Sriniraijani, learnedcounsel for the respondent. 2.The appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainsttheorderdated21.01.2014madeinITA.No.1647/Mds/2013 on the file of the Income Tax AppellateTribunal, Chennai, "D" Bench (for brevity, the Tribunal) forthe Assessment Year 2007-2008. 3. The appeal was admitted on the following substantialquestions of law:-https://hcservices.ecourts.gov.in/hcservices/“(i) Whether on the facts and circumstances of the case, the AppellateTribunal was right in granting exemption u/s.10(23C) (iiiad) of the Income Tax Act to theAssessee Trust, whose annual receipts is morethan Rs.1 Crore during the current assessmentyear? (ii) Whether on the facts andcircumstances of the case, the AppellateTribunal was right in admitting new evidencesduring the appellate proceedings without givingopportunity to the Assessing Officer asprescribed under Rule 46A of the Income TaxRules? (iii) Whether the Tribunal is right inconcluding the receipts of the other Two Trustsare also reflected in the Assessee Trust'sincome and Expenditure statement, when the Twoother Trusts were granted Registration u/s.12AAonly on 05.10.2009 that is much later to thepresent assessment year 2007-08?” 4. The learned Senior Standing Counsel appearing for theappellant submits that the above appeal is not pursued by theRevenue on account of the Low Tax Effect in terms of CircularNo.17/2019 dated 08.08.2019 issued by the Central Board ofDirect Taxes. By the said Circular, the monetary limit forfiling or pursuing an appeal before the High Court has beenincreased to Rs.1 Crore. It is further submitted that the taxeffect in this case is less than the threshold limit. 5. In the light of the said submissions, the above TaxCase Appeal is dismissed as withdrawn on account of the LowTax Effect. The substantial questions of law framed is leftopen. In the event the tax effect in this case is above thethreshold limit fixed in the said Circular, liberty is grantedto the Revenue to make a mention to this Court to restore theappeal to be heard and decided on merits. No costs. //True Copy// Sd/- Assistant Registrar (CS-IX) gv Sub Assistant Registrar To 1.The Registrar, The Income Tax Appellate Tribunal, https://hcservices.ecourts.gov.in/hcservices/ Chennai,"D" Bench. The Income Tax Appellate Tribunal, https://hcservices.ecourts.gov.in/hcservices/ Chennai,"D" Bench. 2.The Commissioner of Income Tax(A)-XII, Chennai. 3.The Income Tax Office, Ward I(3), Cuddalore. 4.The Commissioner of Income Tax, D.P.Thottam, Muthailpet, Puducherry. +1cc to M/s.G.Baskar, Advocate, S.R.No.30942 PPA(CO)RVM(29/07/2021) T.C.A.No.881 of 2015