Commissioner Of Income Taxtrichy I, Trichy v. G.ranganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.12.2018 THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Commissioner of Income TaxTrichy I, Trichy. ..Appellant/ Respondent Vs. G.Ranganathan ..Respondent/ Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai 'A' Bench dated 22.8.2008 in ITANo.697/Mds/2006. Against the order of the Commissioner of IncomeTax-I, Tiruchirappalli, dated:03/02/2006 made in C.No.6143(4)CIT-1/TRY/2005-06, and Against the Assessment order Passed by the DeputyCommissioner of Income Tax Company Circle -I, Trichy, dated10/12/2003, made in G.I.R.No.PAN.12-PR-196/ .For Appellant : Ms.Premalatha For Mr.M.Swaminathan Senior Standing Counsel This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Chennai 'A' Bench dated 22.8.2008 inITA No.697/Mds/2006, by raising the following substantialquestion of law: https://hcservices.ecourts.gov.in/hcservices/ "Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right inholding that the Commissioner of Income Tax was notjustified in invoking the jurisdiction underSection 263 on the ground that the Assessing Officerhas failed to make proper enquiries in certainaspects in the assessment and quashing the orderunder Section 263 for that reason?" 2. When the matter is taken up for hearing, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.3/2018 dated 11.7.2018 wherein it is stipulated that appealsshall not be filed/pursued by the Department before the HighCourt in cases where the tax effect does not exceed Rs.50 lakhs. 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appeal filedby the Revenue is dismissed as not pressed, keeping open thesubstantial questions of law for determination in an appropriatecase. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal,Chennai 'A' Bench, Chennai 2.The Commissioner of Income Tax-I,Tiruchirappalli. 3.The Deputy Commissioner of Income Tax,Company circle-I, Trichy. +1cc to Mr.V.S.Jayakumar, Advocate, S.R.No.86053 EV(CO)GSP(04/01/2019) https://hcservices.ecourts.gov.in/hcservices/