Principal Commissioner Of Income Tax 2 v. Shri.a.n.radhakrishnan

In the High Court of Judicature at Madras Dated :28.08.2019 The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Principal Commissioner of Income Tax 2,No.108, Mahatma Gandhi Road,Chennai - 600 034. ...Appellant/AppellantVsShri.A.N.Radhakrishnan...Respondent/Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 05.08.2016 made in ITA.Nos.684,650, 685, 686, 1076 and 1077/Mds/2013 on the file of the IncomeTax Appellate Tribunal, Chennai 'B' Bench for the assessmentyears 2004-05, 2003-04, 2005-06, 2007-08, 2004-05 and 2005-06and against the order of the Commissioner of Income Tax(Appeals)II Chennai 34 dated 08.02.2013 made in I.T.A. Nos.73/2011-2012 Assessment year 2007—2008, 71/2011-2012 Assessmentyear 2005-2006, 70/2011-2012, Assessment year 2004-2005 anddated 30.01.2013 made in I.T.A. 69/2011-2012 Assessment year2003-2004 and against the order of the Assistant Commissioner ofIncome Tax, Central Circle II(1) Chennai dated 27.06.2011 madein PAN. /2007-2008,PAN. /2004-2005 andPAN. /2003-2004 and dated 22.06.2011 made inPAN.AACPR5498M/2005-2006 and against the order of the DeputyCommissioner of Income Tax, Central Circle II(1) chennai 34dated 31.12.2010 made in AACPR5498M, Assessment year 2007-2008,AACPR5498M, Assessment year 2005-2006, AACPR5498M, Assessmentyear 2004-2005 and AACPR5498M Assessment year 2003-2004. COMMON JUDGMENT(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 Counsel appearingfor the appellant – Revenue and Mr.A.S.Sriraman, learned counsel https://hcservices.ecourts.gov.in/hcservices/ for Mr.S.Sridhar, learned counsel appearing for the respondent -assessee. 2.These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 05.08.2016 made in ITA.Nos.684, 650, 685, 686, 1076 and1077/Mds/2013 on the file of the Income Tax Appellate Tribunal,Chennai 'B' Bench for the assessment years 2004-05, 2003-04,2005-06, 2007-08, 2004-05 and 2005-06. 3.The appeals were admitted on 03.04.2018 on the followingsubstantial questions of law :“i.Whether the Appellate Tribunal erred in lawin setting aside the penalty levied under Section271(1)(c) of the Income Tax Act, 1961, when thedisclosure had been made at the time of assessment?ii.Whether the deletion of penalty by theTribunal is vitiated by perversity?iii.What is the true meaning scope and purportof the expression "specified previous year" in sub-section (1) of Section 271AAA of the Income Tax Act,1961?" 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 thresholdlimit 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. Sub-Assistant Registrar cse https://hcservices.ecourts.gov.in/hcservices/ To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench. , Chennai 2.The Principal Commissioner of Income Tax-2Chennai 34.Chennai 34. 3.The Commissioner of Income Tax (Appeals)II, Chennai 34. 4.The Assistant Commissioner of Income Tax, Central Circle II(1)ChennaiChennai 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 thresholdlimit 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. Sub-Assistant Registrar cse https://hcservices.ecourts.gov.in/hcservices/ To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench. , Chennai 2.The Principal Commissioner of Income Tax-2Chennai 34.Chennai 34. 3.The Commissioner of Income Tax (Appeals)II, Chennai 34. 4.The Assistant Commissioner of Income Tax, Central Circle II(1)ChennaiChennai 5.The Deputy Commissioner of Income TaxCentral Circle II(1) Chennai 34.Central Circle II(1) Chennai 34. +1 CC to Mr.S.Sridhar, Advocate sr 74504 +1 CC to Mr.T.R.Senthilkumar, Advocate sr 74182. TCA.Nos.123 to 128 of 2018 BR(CO)SP(07/11/2019)