Commissioner Of Income Tax,Madurai v. Shri R.bharagthwaj

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2019 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.682 of 2013 Commissioner of Income Tax,Madurai... Appellant/Appellant -vs- Shri R.Bharagthwaj,Prop., of M/s.M.R.Sons,39, Harvey Nagar II Street,Madurai-16.PAN: .. Respondent/Respondent Appeal under Section 260A of the Income-tax Act, 1961,against the order dated 09.05.2013, on the file of the Income-taxAppellateTribunal'D'Bench,Chennai,inI.T.A.No.576/Mds/2012 for the assessment year 2008-09 as againstthe Order of the Commissioner of Income Tax (Appeals)-II (i/c)Madurai, dated 23.12.2011 and made in ITA No.45/2010-11 for theAssessment Year 2008-09 against the Order of the AssistantCommissioner of Income Tax, Company Circle-II, Madurai, dated02.12.2010 and made in PAN No.ACIPB 6349K for the AssessmentYear 2008-09. For Appellant: Mr.M.Swaminathan,Senior Standing Counselfor Ms.V.PushpaJunior Standing Counsel For Respondent:Mr.R.SivaramanJUDGMENT(Delivered by T.S.Sivagnanam, J.) This appeal filed by the appellant/Revenue under Section 260Aof the Income-tax Act, 1961, is directed against the order dated09.05.2013, passed by the Income-tax Appellate Tribunal 'D'Bench, Chennai, in I.T.A.No.576/Mds/2012 for the assessment year2008-09. https://hcservices.ecourts.gov.in/hcservices/ 2.The above appeal was admitted, on 29.10.2013, on thefollowing substantial questions of law:-“(i) Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in deleting theaddition of Rs.2,10,40,000/- when the assesseehimself has admitted on oath to offer the same forthe assessment year 2008-09. (ii) Whether on the facts and in thecircumstances of the case the Income Tax AppellateTribunal was right in coming to conclusion thatthe assessee in his Sworn Statement dated05.11.2009 that the amount received by theassessee from Shri Seetharaman through ShriT.Ramanujam had already been offered in the Returnof Income and also requested for set off.” 3.Heard Ms.V.Pushpa, learned Junior Standing Counsel forMr.M.Swaminathan, learned Senior Standing Counsel for theappellant and Mr.R.Sivaraman, learned counsel 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 questions of law framed are 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 Sd/- Assistant Registrar //True Copy// To 1.The Income-tax Appellate Tribunal 'D' Bench, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner of Income tax (Appeals),(i/c) Madurai. Madurai. 3.The Assistant Commissioner of Income tax, Company Circle-II, Madurai. Company Circle-II, Madurai. 4. The Commissioner of Income Tax, Madurai. Madurai. +1cc to Mr.M.Swaminathan, Advocate, SR.No.72342 T.C.A.No.682 of 2013Kak(19/11/2019)