Principal Commissioner Of Income Tax v. M/S. K.k.pottaneripaccs Ltd.,Pottaneripo, Mettur Taluk, Salem 636 453

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 2.11.2018 CORAM THE HON'BLE MR.JUSTICE HULUVADI G. RAMESHANDTHE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Tax Case Appeal No.213 of 2018 Principal Commissioner of Income Tax No.3 Gandhi Road,Salem. ...Appellant Vs. M/s. K.K.PottaneriPACCS Ltd.,PottaneriPO, Mettur Taluk, Salem 636 453. PAN: AAB AK 0355 J ...Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct,1961 against the order of the Income Tax Appellate Tribunal,Madras 'D' Bench, Chennai, dated 30.1.2017 made in ITANo.3000/Mds/2016. Against the order date :18/08/2016 made inITA.No.233/2015-16 office of the Commissioner of Income Tax(Appeals) No.3 Gandhi Road, Salem-7. Against the order dt:30/09/2015 made under Section 143(3)for the assessment year 2013-14 in Pan/GIR: . For Appellant : Mr.T.R.Senthil Kumar 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, Madras Madras 'D' Bench, Chennai, dated30.1.2017 made in ITA No.3000/Mds/2016, by raising the followingsubstantial question of law: "Whether the Appellate Tribunal is right in allowingdeduction under section 80P(2)(a)(i) of the IncomeTax Act to the assessee society, when the assesseeco-operative society is engaged in finance business https://hcservices.ecourts.gov.in/hcservices/ and cannot be termed as co-operative society?" 2. When the matter is taken up for admission, 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 less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial question of law fordetermination in an appropriate case. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrarssk. To1. Principal Commissioner of Income Tax No.3 Gandhi Road, Salem.2.The Commissioner of Income Tax,Appeals, 3,Gandhi Road, Salem-7+1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.76067TCA No.213 of 2018KAN(CO)GSP(04/12/2018) HULUVADI G.RAMESH,J, and K.KALYANASUNDARAM,J ssk. 2.11.2018.