Principal Commissioner Of Income Tax, Central Ii v. Dr.s.f.v.selvaraj

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Principal Commissioner of Income Tax,Central II, No.108, Mahatma Gandhi Road,Chennai - 600 034. ...Appellant/RespondentVsDr.S.F.V.Selvaraj...Respondent/Appellant APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 15.07.2016 made in ITA.Nos.671 to676/Mds/2016 on the file of the Income Tax Appellate Tribunal,Chennai 'B' Bench for the assessment years 2006-07 to 2011-12and against the order of the Commissioner of Income Tax,Appeals-18 Chennai 34 dated 27.01.2016 made in I.T.A.Nos. 466,469, 470, 471 & 472 and 473/2015-2016 and against the order ofthe Deputy Commissioner of Income Tax, Central Circle II(5)Chennai 34 dated 24.09.2014 made in P.A. No. AASPS5404L, 2011-2012, 2010-2011, 2009-2010, 2008-2009, 2007-2008 and 2006-2007and against the order of the Deputy Commissioner of Income Tax,Central Circle II(5) Chennai 34 dated 28.03.2014 made in P.A.No. AASPS5404L, 2011-2012, 2010-2011, 2009-2010, 2008-2009,2007-2008 and 2006-2007. 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 counselfor Mr.S.Sridhar, learned counsel appearing for the respondent -assessee. https://hcservices.ecourts.gov.in/hcservices/ 2.These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 15.07.2016 made in ITA.Nos.671 to 676/Mds/2016 on the fileof the Income Tax Appellate Tribunal, Chennai 'B' Bench for theassessment years 2006-07 to 2011-12. 3.The appeals have been filed by raising the followingsubstantial questions of law :“1.Is not the findings of the Appellate Tribunalperverse in cancelling the penalty levied underSection 271[1][c] and held that Penalty underSection 271AAA ought to have been levied whichagainst Explanation [b] to Section 271AAA of theIncome Tax Act? 2.Whether the Appellate Tribunal is correct inholding that penalty under Section 271AAA isleviable, when sub-section [1] provides for suchlevy penalty only to a "Specified Previous Year" andthe cases before the Tribunal were not such"Specified Previous Year/s? 3.Whether the Appellate Tribunal is right incanceling the penalty levied under Section 271[1][c]without considering Explanation 5A to Section 271[1][c], which are applicable to only search cases?" 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. Consequently,connected miscellaneous petitions are closed. -s/d- Assistant Registrar Sub-Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'B' BenchChennaiChennai 2.The Commissioner of Income Tax (Appeals-18)Chennai 34.Chennai 34. 3.The Deputy Commissioner of Income Tax Central Circle II(5) Chennai 34.Central Circle II(5) Chennai 34. 4.The Principal Commissioner of Income Tax Central II, Chennai 34. +1 CC to Mr.T.R.Senthilkumar, Advocate sr 74183.+1 CC to Mr.G.Baskar, Advocate sr 74249. -s/d- Assistant Registrar Sub-Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'B' BenchChennaiChennai 2.The Commissioner of Income Tax (Appeals-18)Chennai 34.Chennai 34. 3.The Deputy Commissioner of Income Tax Central Circle II(5) Chennai 34.Central Circle II(5) Chennai 34. 4.The Principal Commissioner of Income Tax Central II, Chennai 34. +1 CC to Mr.T.R.Senthilkumar, Advocate sr 74183.+1 CC to Mr.G.Baskar, Advocate sr 74249. TCA.Nos.161 to 166 of 2018and C.M.P.Nos.2171 to 2175 of 2018in T.C.A.Nos.162 to 166 of 2018BR(CO)SP(07/11/2019)