Principal Commissioner Of Income Tax-1, Coimbatore v. M/S.sakthi Sugars Ltd., Coimbatore-18

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TAX CASE APPEAL NO.385 OF 2018 Principal Commissioner of Income Tax-1, Coimbatore ...Appellant/RespondentVsM/s.Sakthi Sugars Ltd.,Coimbatore-18 ...Respondent/Appellant APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 23.6.2017 made in ITA.No.866/Mds/2016 on thefile of the Income Tax Appellate Tribunal, Chennai 'C' Bench forthe assessment year 2010-11 and against the order dated14/01/2006 made in ITA No.276/13-14 on the file of theCommissioner of Income Tax (Appeals)-1, Coimbatore for theassessment year 2010-11 and against the order dated 30/03/2013made in PAN No/G.I.R. No. on the file of the DeputyCommissioner of Income Tax, Company Circle-I(1), Coimbatore forthe Assessment year 2010-11. For Appellant :Mr.T.R.Senthilkumar, SSC assisted byMs.K.G.Usharani, SC For Respondent:Mr.Vijayaraghavan for M/s.Subbaraya Aiyer Padmanabhan Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel, assisted by Ms. K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue and Mr.Vijayaraghavan,learned counsel appearing for the respondent. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directed https://hcservices.ecourts.gov.in/hcservices/ against the order dated 23.6.2017 made in ITA.No.866/Mds/2016 onthe file of the Income Tax Appellate Tribunal, Chennai 'C' Bench(for brevity, the Tribunal) for the assessment year 2010-11. 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.17/2019dated 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 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 question of law framed is 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. Sd/- Assistant Registrar RS Sub Assistant Registrar To 1.The Principal Commissioner of Income Tax'1', Coimbatore. Coimbatore. 2.The Income Tax Appellate Tribunal, Chennai 'C' Bench. 3.The Commissioner of Income Tax(Appeals)-1, Coimbatore. Coimbatore. 4.The Deputy commissioner of Income Tax, Company Circle-I(1), Coimbatore. Company Circle-I(1), Coimbatore. TCA.No.385 of 2018 NR(CO)KKV/17/08/2020