Tax Case Appeal Nos.1076 & 1077 Of 2010 & Mp v. Shri.k.subramaniam

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 19.8.2019 The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.1076 & 1077 of 2010 & MP.No.1 of 2010The Commissioner of Income Tax, Central-III, Chennai...Appellant VsShri.K.Subramaniam...Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 05.2.2010 made in ITA.Nos.54 and55/Mds/2008 on the file of the Income Tax Appellate Tribunal,Chennai 'A' Bench for the assessment years 2000-01 and 2002-03,against the order of the Commissioner of Income Tax (Appeals) inITA.No.40C/2008-09 & ITA.No.42C/2008-09 dated 14.10.2008 asagainst the proceedings of Deputy Commissioner of Income Tax,Central Circle -III, Coimbatore for the assessment years 2000-01and 2002-03 dated 23.06.2008 as against the Assessment order ofthe Deputy Commissioner of Income Tax Central Circle -III,Coimbatore, dated 26.12.2007. We have heard Mr.Karthik Ranganathan, learned Senior StandingCounsel appearing for the appellant – Revenue and Mr.G.Baskar,learned counsel appearing for the respondent – assessee. 2. These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 05.2.2010 made in ITA.Nos.54 and 55/Mds/2009 on the fileof the Income Tax Appellate Tribunal, Chennai 'A' Bench for theassessment years 2000-01 and 2002-03. https://hcservices.ecourts.gov.in/hcservices/ the reason for delay in filing the appealgiven by the assessee that he was under thebona fide belief that no penalty underSection 271(1)(c) would be levied anddecided to file the appeal only after thepenalty was levied even though there wasnothing on record to justify theentertainment of such a belief and settingaside the order of the Commissioner ofIncome Tax (Appeals) to decide the appeal onmerits ?” 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeals are 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 the respectivecases is less than the threshold limit. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial question of law framed is left open. In the eventthe tax effect in the respective cases is above the thresholdlimit fixed in the said circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. Consequently, the connectedMP is also dismissed. No costs. Sd/- Assistant Registrar //True Copy// To 1.The Registrar,Income Tax Appellate Tribunal, Chennai 'A' Bench.2.The Commissioner of Income Tax (Appeals)-II,Coimbatore.3.The Deputy Commissioner of Income Tax,Central Circle-III,Coimbatore. +1 cc to M/s.G.Baskar,Advocate Sr.No. 71030+1 cc to Mr.R.Senthil Kumar, Advocate Sr.No.70465 https://hcservices.ecourts.gov.in/hcservices/