Tax Case v. M/S.paradigm It Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 6.9.2019 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case No.1170 of 2008 Commissioner of Income Tax Chennai Appellant/RespondentVs. M/s.Paradigm IT Private Limited,3, Play Ground View Street, Nandanam Extension, Chennai 600 035. Respondent/Appellant Tax Case filed under Section 260A of the Income Tax Act,1961 against the order of the Income Tax Appellate Tribunal, 'B'Bench, Chennai, dated 7.2.2008 made in ITA No.2386/Mds/2006,against the order of Commissioner of Income Tax(Appeals)-XII,Chennai dated 30.08.2006 in ITA.NO.219/05-06 pertains toassessment year 2002-03 aganst Deputy Commissioner of Income-Tax, Company Circle V(1), Chennai-34 in PAN dated28.02.05 for the assessment year 2002-03. For Appellant : Mr.M.Swaminathan Senior Standing Counsel assisted by Ms.V.Pushpa, Jr. Standing Counsel For Respondent : No appearance. J U D G M E N T (Delivered by DR.VINEET KOTHARI,J) This Tax Case has been filed by the Revenue, calling inquestion the correctness of the order passed by the Income TaxAppellate Tribunal, 'B' Bench, Chennai, dated 7.2.2008 made inITA No.2386/Mds/2006, for the Assessment Year 2002-2003, byraising the following substantial question of law:"Whether, on the facts and circumstances of thecase, the Tribunal was right in holding that theassessee is entitled to the benefit of Section 10Ain respect of its unit at Kochi, when the plant andmachinery there had been transferred from the https://hcservices.ecourts.gov.in/hcservices/ existing unit at Chennai?" 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effect is said to be lessthan the monetary limit imposed and therefore, the Appeal filedby the Revenue is dismissed, as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases.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. Sd/- Assistant Registrar(CS IV)//True Copy// Sub Assistant Registrar ssk.To 1. Income Tax Appellate Tribunal, 'B' Bench, Chennai.2. Commissioner of Income Tax(Appeals)XII, Chennai 3. Deputy Commissioner of Income Tax, Company Circle V(1), Chennai 600 034. Tax Case No.1170 of 2008 rgn(co)nr 31/10/2019