Commissioner Of Income Tax,Madurai v. The Metal Powder Company Limited,Maravankulam,Thirumangalam - 625 706

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.08.2019 CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMANDTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TAX CASE APPEAL NOS.790 TO 793 OF 2015 Commissioner of Income Tax,Madurai. ...Appellant Vs The Metal Powder Company Limited,Maravankulam,Thirumangalam - 625 706.PAN: ...Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 21.02.2013 made in ITA.Nos.869,870, 871 and 872/Mds/2012 on the file of the Income TaxAppellate Tribunal, Chennai 'B' Bench for the assessment years2002-03, 2003-04, 2005-06 and 2006-07. against the Order dated31.01.2012 made in ITA.Nos.0236/07-08 for Assessment Year 2002-03, ITA.No.022/09-10, for the Assessment Year 2003-04,ITA.No.168/07-08 for the Assessement Year 2005-06 andITA.No.092/07-08 for the Assessment Year 2006-07 on the file ofthe Commissioner of Income Tax (Appeals)-1, Madurai against theorder dated 16.03.2006 for the Assessment year 2003-04 on thefile of the Joint Commissioner of Income Tax Company Circle I,Madurai, against the order dated 28.12.2007 for the AssessmentYear 2005-2006 on the file of the Joint Commissioner of IncomeTax Range I, Madurai against the order dated 31.12.2007 for theAssessment year 2001-02 on the file of the AssistantCommissioner of Income-Tax Company Circle-I, Madurai against theorder passed dated 30.12.2008 for the Assessment year 2006-07 onthe file of the Additional Commissioner of Income Tax Range-I,Madurai respectively. For Appellant: Mr.M.Swaminathan, SSC assisted by Ms.V.Pushpa, SSC For Respondent: No appearance (Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel assisted by Ms.V.Pushpa, learned Senior Standing Counselappearing for the appellant – Revenue. 2.These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 21.02.2013 made in ITA.Nos.869, 870, 871 and 872/Mds/2012on the file of the Income Tax Appellate Tribunal, Chennai 'B'Bench for the assessment years 2002-03, 2003-04, 2005-06 and2006-07. 3.The appeals were admitted on 04.11.2015 on the followingsubstantial questions of law : “1) Whether, on the facts and in thecircumstances of the case, the Income Tax AppellateTribunal was right in holding that each undertakinghad to be considered separately for working outdeduction under Section 80IA of the Income Tax Act? 2) Whether, on the facts and in thecircumstances of the case, the Income Tax AppellateTribunal was right in holding that profits and gainsearned by one priority industry cannot be reduced bythe loss suffered by any other industry orindustries owned by the assessee for the purpose ofclaiming deduction under Section 80IA?” 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeals are not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019dated 08.8.2019 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 the respectivecases is less than the threshold limit. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect in the respective cases is above the threshold https://hcservices.ecourts.gov.in/hcservices/ limit fixed in the said circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect in the respective cases is above the threshold https://hcservices.ecourts.gov.in/hcservices/ limit fixed in the said circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. Sd/- Assistant Registrar(JJ Act)//True Copy// Sub Assistant Registrarcse To1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.2.The Commissioner of Income Tax,Madurai.3.The Commissioner of Income Tax(Appeals)-I,Madurai.4.The Joint Commissioner of Income Tax Company Circle-I,Madurai.5.The Joint Commissioner of Income Tax Range-I,Madurai.6.The Assistant Commissioner of Income Tax,Company Circle-I, Madurai.7.The Additional Commissioner of Income Tax,Madurai. +1cc to Mr.M.Swaminathan, Advocate, S.R.No.73573+1cc to Mr.S.Sridhar, Advocate, S.R.No.74516 TCA.Nos.790 to 793 of 2015 SSI(CO)CS/10/02/2020