Tax Case Appeal v. Delivered By Dr.vineet Kothari,J

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 05.12.2018 CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No. 893 of 2009 Commissioner of Income Tax Chennai.Appellant Vs. M/s.Data Software Research Company (International) Pvt LtdNo.6 Smith Road,Chennai-600002.Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'B' Bench, Chennai, dated 16.04.2009 made inITA No.1602/Mds/2008 PAN No.AAACDI285B against the order ofCommissioner of Income Tax (A) III, Chennai dated 21.04.2008 inI.T.A.No.79/2007-2008/A III, and arising out of the assessmentorder of Assistant Commissioner of Income Tax, Company Circle I(4) Chennai 34 dated 30.04.2007 in G.I. No. DX3204-2003-2004. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For Respondent : Mr.R.Vijayaraghavan (Delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Madras 'B' Bench, Chennai, dated16.04.2009, made in I.T.A.No.1602/Mds/2008 by raising thefollowing substantial question of law: "(i) "Whetherinthefactsandcircumstances of the case, the Tribunal was right inholding that the tax credit taken in the assessmentyear 1997-98 is available for set off even in theassessment year 2003-04, which is more than five https://hcservices.ecourts.gov.in/hcservices/ years later?” 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. s/d- Assistant Registrar True Copy Sub-Assistant RegistrararrTo1. Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai.2. The Assistant Commissioner of Income Tax Company Circle I(4) Chennai 34.3. The Commissioner of Income Tax (Appeals)III 121, Mahathma Gandhi Road Chennai 34.+1 CC to Mr.T.Ravikumar, Advocate sr 83856. TCA No.893 of 2009 VSNII(CO)SP(02/01/2019) https://hcservices.ecourts.gov.in/hcservices/