Shri G.sujith v. Https://Hcservices.ecourts.gov.in/Hcservices

In the High Court of Judicature at MadrasDated : 27.08.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.173 of 2015 Commissioner of Income Tax,121, Mahatma Gandhi Road,Chennai. ...Appellant Shri G.Sujith Vs...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 23.09.2014 made in ITA.No.929/MDS/2014 on thefile of the Income Tax Appellate Tribunal, Chennai 'D' Bench forthe assessment year 2010-11. Against the order of theCommissioner of Income Tax Appeal VII dated 27.03.2014 inITA.No.973/13-14 in the assessment year 2010-11. Against the order of the Income Tax officer ward XIV(2)Chennai dated 26.11.2012 in the assessment year 2010-2011 inPAN.No./GIR.No.BDXPS 4971D.For Appellant : Mr.M.Swaminathan, SSC and Ms.V.Pushpa, SCFor Respondent: Mr.Philip George JUDGMENT(Judgment was delivered by T.S.Sivagnanam,J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel and Ms.V.Pushpa, learned Standing Counsel appearing forthe appellant/revenue and Mr.Philip George, learned counselappearing for the respondent/assessee. 2.This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated23.09.2014 made in ITA.No.929/MDS/2014 on the file of the IncomeTax Appellate Tribunal, Chennai 'D' Bench for the assessmentyear 2010-11. https://hcservices.ecourts.gov.in/hcservices/ 3.The appeal was admitted on 30.03.2015 on the followingsubstantial questions of law : “1. Whether on the facts and in thecircumstances of the case, the Tribunal wasright in deleting that Section 40a(ia) isapplicable only on those amounts 'payable' andnot those amounts 'paid' during the year withoutdeducting tax at source? 2.Whether under the facts and circumstancesof the case, the Tribunal was right in followingAllahabad High Court judgment in the case ofVector Shipping Services P. Ltd., when the factsof the present case is distinguishable?" 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 questions of law framed are 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. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar ToThe Income Tax Appellate Tribunal,Rajaji BhavanBesant Nagar Chennai 'D' Bench. Chennai-90 2.The Commissioner of Income Tax Appeal VIIChennai-34 3.The Income Tax Officer ward XIV(2) Chennai +1 cc to Mr.Baskar advocate sr73839 +1 cc to Mr.Swaminathan Advocate sr73564 TCA.No.173 of 2015 mg(co)aa21/10/2019