Tax Case Appeal v. J U D G M E N T(Delivered By Dr.vineet Kothari,J

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.01.2019 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.1007 of 2009 Commissioner of Income Tax,Chennai.Appellant/Appellant Vs. M/s.Hussiana Jewellers Respondent/Respondent Tax Case Appeal filed under Section 260-A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Madras 'A' Bench, Chennai, dated 13.02.2009, made inITA No.2270/Mds/2007 against the order of the Commissioner ofIncome Tax (Appeals) – IV, Chennai, dated 02/07/2007 in IT (A)IV/CEH/708/06-07 against the assessment order passed undersection of I.T.Act, 1961, dated 21.12.2006 by Joint Commissionerof Income Tax, Range X, Chennai-6. For Appellant : Mr.T.Ravikumar, Senior Standing Counsel. For respondent : Mr.G.Asokapathy, for M/s.Pass Associates J U D G M E N T(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 'A' Bench, dated 13.02.2009, inITA No.2270/Mds/2009, by raising the following substantialquestion of law : " Whether on the facts and circumstances of thecase, the Income Tax Tribunal was right in law inholding that the addition of Rs.14,90,2004/- madeunder Section 41 (1) of the Income Tax Act 1961 orunder Section 56 of the Act on account ofunexplained cash credit ? https://hcservices.ecourts.gov.in/hcservices/ 2. When the matter is taken up for hearing, the learnedStanding Counsel for the Department brought to our notice theCircular instruction issued by the Central Board of Direct Taxesvide Circular No.3/2018, dated 11.7.2018, wherein, it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the tax effectdoes not exceed Rs.50.00 lakhs. 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and, therefore, the appeal filedby the Revenue is dismissed, as not pressed, keeping open thesubstantial question of law for determination in appropriatecases. No costs. Sd/-Assistant Registrar(CS-IV) //True Copy// Sub Assistant RegistrardixitTo1.The Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai.2.The Commissioner of Income Tax- (Appeals) IV, Chennai.3.The Joint Commissioner of Income Tax, Range – X, Chennai-6.4.The Commissioner of Income Tax, Chennai-34. +1cc to Mr. T.Ravi Kumar, Advocate, S.R.No. 4344 TCA No.1007 OF 2009 SSD(CO)GN(15/02/2019) https://hcservices.ecourts.gov.in/hcservices/