Commissioner Of Income Tax,Madurai v. M/S.ashtalakshmi Logistics

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.03.2021CORAMTHE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVIT.C.A.No.123 of 2013 Commissioner of Income Tax,Madurai. ... Appellant Vs. M/s.Ashtalakshmi Logistics,51/8-H-1,Muniasamypuram Extension,2[nd] Street, Tuticorin... Respondent Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, “A” Bench, dated 27.11.2012 in I.TA.No.1789/Mds/2012,Assessment Year 2008-09 against the order of the commissioner ofIncome Tax Appeals I Madurai dated 25.06.12 ITA No.0093/10-11PAN GIR No.AALFA5553H in the assessment year 2008-2009, againstthe order of the Income Tax officer Ward I (1)Tuticorin dated11.11.2010 PAN GIR No. in the assessment year 2008-09. For Appellant : Mr.M.Swaminathan Senior Standing Counsel and Mrs.V.Pushpa Standing CounselFor Respondent : Ms.Sri Niranjani SrinivasanJUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel and Mrs.V.Pushpa, learned Standing Counsel for theappellant/Revenue and Ms.Sri Niranjani Srinivasan, learnedcounsel for the respondent/assessee. 2.The appeal, filed by the Revenue under Section 260A of theIncome Tax Act, 1961 (for short, the Act) is directed againstthe order dated 27.11.2012 made in I.TA.No.1789/Mds/2012 on thefile of the Income Tax Appellate Tribunal, Chennai, “A” Bench(for brevity, the Tribunal) for the Assessment Year 2008-09. 3.The appeal was admitted on 20.03.2013 on the followingsubstantial questions of law:“1.Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in interpreting thewords “amount payable” in Section 40(a)(ia) as https://hcservices.ecourts.gov.in/hcservices/ amount payable on the last date of accountingyear? 2.Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in law in holdingthat the TDS provision under Section 194C wouldnot be applicable on the amounts made during thewhole of the accounting year?” 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.17/2019dated 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 as withdrawn on account of the Low TaxEffect. The substantial questions of law framed are left open.In the event the tax effect in this case is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appeal tobe heard and decided on merits. No costs. mknTo 1.The Income Tax Appellate Tribunal, Chennai, “A” Bench 2.The Commissioner of Income Tax, Madurai. 3.The Income Tax Officer, Ward I(1) Tuticorin.+1cc to Mr.M.SWAMINATHAN, ADVOCATE, SR.NO. 20962+1cc to Mr.G.BASKAR, ADVOCATE, SR.NO. 20871 MG(CO)KKN 29.04.2021