Tax Case Appeal v. Sri.v.rajasekharanrespondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.1096 of 2009 Commissioner of Income Tax Chennai.Appellant/Respondent Vs. Sri.V.RajasekharanRespondent/ Appellant 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 25.7.2006 made in IT(SS)A No.43/Mds/2005, for Assessment year Block Assessmentperiond 1987-88 to 1997-98 up to 10.4.1997 against the order ofthe Commissioner of Income Tax(Appeals) X Chennai-34, dated3.12.2004 made in ITA No.105/2003-04 for Assessment year BlockAssessment for the period of 87-88 to 97-98 and up to 10.4.97against the order of the Assistant Commissioner of Income TaxCity Civil VII(Inv.) Chennai-34 dated 26.4.99 madein P.A.N./GIRNo.727-R for the assessment year Block Assessment for the period87-88 to 97-98 and upto 10.4.97. For Appellant : Mr.T.R.Senthilkumar 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, 'B' Bench, Chennai, dated 25.7.2006 madein IT(SS)A No.43/Mds/2005, by raising the following substantialquestion of law: "Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal wasright in deleting the additions of undisclosedincome to the tune of Rs.14.9 lakhs made by the https://hcservices.ecourts.gov.in/hcservices/ Assessing Officer, even though the assessee couldnot prove beyond doubt, the genuineness and creditworthiness of the parties from whom the loansavailed?" 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 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 an appropriatecase. Sd/-Assistant Registrar(CS-VI)//True copy//Sub Assistant Registrarssk.1. Commissioner of Income Tax Chennai.2. Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai3. The Deputy Commissioner of Income Tax, City Circle VII(Inv.), Chennai. 4. The Commissioner of Income Tax (Appeals) X, Chennai. 5. The Assistant Commissioner of Income Tax, City Civil VII (Inv.), Chennai-34. TCA No.1096 of 2009 VBA(CO)GMY(20/02/2019)