Tax Case (Appeal) v. Https://Hcservices.ecourts.gov.in/Hcservices

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.1.2020 THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.325 of 2010 Commissioner of Income Tax ChennaiAppellant Vs. Shri.A.S.Ibrahim RawtherRespondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'B' Bench, Chennai, dated 28.8.2009 made in ITANo.2067/Mds/2008 against the order dated 23.06.2008 of theCommissioner of Income Tax (Appeals)II, Chennai for theAssessment year 2005-2006 in I.T.A. 172/2007-2008 against anorder under Section 143(3) of the Income Tax Act dated24.12.2007 passed by the Income Tax Officer, Media Ward I,Chennai in PAN. No. AAAP141928. For Appellant : Mr.M.Swaminathan Senior Standing CounselFor Respondent : Mr.A.S.Sriraman 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 28.8.2009 madein ITA No.2067/Mds/2008, for the Assessment Year 2005-2006, byraising the following substantial question of law: "Whether on the facts and in the circumstances ofthe case, the Income-tax Appellate Tribunal wasright in holding that the amount of Rs.1.2 cr. underthe agreement only when the assessee completes theconditions under agreement and receives the lastbalance amount during the year 2006 and thereforethe amount of Rs.1.2 cr. will be assessable only in https://hcservices.ecourts.gov.in/hcservices/ the assessment year 2007-08 and during the presentassessment year 2005-06?" 2. When the matter is taken up for hearing, learned SeniorStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8th August 2019, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). 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effect is said to be lessthan the monetary limit imposed and therefore, the Appeal filedby the Revenue is dismissed, as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases. No costs. s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar ssk.To 1. Commissioner of Income Tax Chennai2. Income Tax Appellate Tribunal, 'B' Bench, Chennai.3. The Commissioner of Income Tax Appeals VI, Chennai 34. 4. The Income Tax officerMedia Ward I, Chennai +1 CC to Mr.S.Sridhar, Advocate sr 3638. RGN(CO)SP(11/03/2020) https://hcservices.ecourts.gov.in/hcservices/