Commissioner Of Income Tax,Madurai v. Shri.k.m.surendran

Commissioner of Income Tax,Madurai... Appellant Vs Shri.K.M.Surendran, 28, Melakkal Main Road,Kochadai, Madurai – 625 016.GIR.No.S-7006 .. Respondent Prayer : Tax Case (Appeal) is filed under Section 260A of theIncome Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras 'B' Bench, dated 12.06.2009 passed inITA No.102/Mds/2007 for the block Assessment years 1990-91 to1999-00 & 2000-01.(Part) against the Order of the commissioner of Income Tax (Appeals)II, Madurai, order dated 19/03/2007 and made in ITA.No.221/2005-06 and against the Order of the Assistant Commissionerof Income Tax, Central Circle – II, Madurai, order dated27/02/2003 and made in PAN/G.I.R.No. S-7006 for the AssessmentYear 1990-91 to 2000-01(P). Heard the learned counsel for the appellant. 2. The Revenue preferred this appeal challenging the orderpassed by the Income Tax Appellate Tribunal in ITANo.102/Mds/2007 for the block Assessment years 1990-91 to 1999-00 & 2000-01. https://hcservices.ecourts.gov.in/hcservices/ 3. The above appeal has been admitted on 03.11.2009 on thefollowing substantial question of law :“Whether on the facts and circumstancesof the case the Tribunal was right inholding that proceedings under section 158BDare time barred, when the assessment wascompleted within two years from the end ofthe month when the notice under the correctsection was issued?'' 4. It may not be necessary for us to answer the abovesubstantial question of law, as the monetary limit in thisappeal is lesser than the amount fixed by the circularinstructions issued by the Central Board of Direct Taxes. ADivision Bench of this Court had an occasion to consider theeffect of those circulars in TCA.No.395 of 2018 dated 24.7.2018,the relevant portions of which are as follows : “4. Further, it is relevant to notethat by Circular No.3/2018, dated 11.7.2018,monetary limit has further been increasedand appeals be maintainable before the HighCourts. It has been increased toRs.50,00,000/-. Hence, viewed from anyangle, this appeal could not have beenfiled.5. Thus, by applying the above Circularissued by the CBDT, this appeal ought not tohave been filed by the Revenue and hence,for that reason, this tax case appeal isdismissed and the substantial questions oflaw, framed for consideration, are leftopen.” 5. In the light of the above, the above appeal isdismissed. No costs. The substantial question of law is leftopen for consideration. Sd/-Assistant Registrar(CO) sl TO 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench, Chennai. Chennai 'B' Bench, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner of Income Tax (Appeals) – II, Madurai. Madurai. 3.The Assistant Commissioner of Income Tax, Central Circle II, Madurai. Central Circle II, Madurai. +1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No. 80761 T.C.(A).No.1101 of 2009 RV(CO)GN(09/01/2019)