Commissioner Of Income Tax,Non Corporate Circle 2, Madurai v. Shri Govindan Chokkappanpan: Aadpc4278P

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.08.2019 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.670 of 2018 Commissioner of Income Tax,Non Corporate Circle 2, Madurai....Appellant Vs Shri Govindan ChokkappanPAN: AADPC4278P...Respondent APPEAL under Section 260A of the Income Tax Act, 1961againsttheorderdated22.02.2018madeinITA.No.1664/MDS/2017on the file of the Income Tax AppellateTribunal, Chennai 'C' Bench for the assessment year 2014-2015 Against the order of the Commissioner of Income TaxAppeals II,Madurai dated 25.04.2017 and made inITA.NO.170/2016-2017. Against the Assessment order of the Income Tax officer,Non Corporate ward -2(1),Madurai dated 29.12.2016 and madein PAN NO /1/2014-2015 for the Assessment Year2014-2015. For Appellant: Mr.M.Swaminathan, SSC and Ms.V.Pushpa, SCFor Respondent : Ms.G.Vardhini Karthik JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J.)We have heard Mr.M.Swaminathan, learned Senior StandingCounsel, and Ms.V.Pushpa, learned Standing Counselappearing for the appellant/revenue and Ms.G.VardhiniKarthik,learnedcounselappearingfortherespondent/assessee. 2.This appeal, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 is directed against the orderdated 22.02.2018 made in ITA.No.1664/MDS/2017on the file of https://hcservices.ecourts.gov.in/hcservices/ the Income Tax Appellate Tribunal, Chennai 'C' Bench forthe assessment year 2014-2015. 3.The appeal was admitted on 28.08.2018 on thefollowing substantial question of law : “Whether the Tribunal was right in holdingthat gift from son's HUF to the assesseetantamount to gift from a lineal descendant,thereby, holding that the gift is exempt, thesame being from a relative as defined in sub-clause (E) of clause (e) of Sec. 56(2)(vii)of the Act?" 4.The learned Senior Standing Counsel for theappellant submits that the above appeal is not pursued bythe Revenue on account of the low tax effect in terms ofCircular No.17/2019 dated 08.8.2019 issued by the CentralBoard of Direct Taxes. By the said Circular, the monetarylimit for filing or pursuing an appeal before the HighCourt has been increased to Rs.1 Crore. It is furthersubmitted that the tax effect in this case is less than thethreshold limit. 5.In the light of the said submissions, the above taxcase appeal is dismissed on account of the low tax effect.The substantial question of law framed is left open. In theevent the tax effect is above the threshold limit fixed inthe said circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeal to beheard and decided on merits. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant RegistrarcseToTHE INCOME TAX APPELLATE TRIBUNAL, CHENNAI 'C' BENCH. 2.THE COMMISSIONER OF INCOME TAX APPEALS II,MADURAI3. THE INCOME TAX OFFICER, NON CORPORATE WARD -2(1),MADURAI4. THE COMMISIONER OF INCOME TAX OFFICER, NON CORPORATE WARD -2,MADURAI+1cc to Mr.M.Swaminathan , Advocate SR.No. 74843+1cc to M/s.G.Vardhini , Advocate SR.No. 74230TCA.No.670 of 2018