Tca/1440/2010 Of The Commisisoner Of Incometax v. Stanley Gonsalvez

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2019 CORAM THE HONOURABLE DR.JUSTICE VINEET KOTHARIANDTHE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Tax Case Appeal No.1440 of 2010 The Commissioner of Income Tax,Ward XIV(2), Chennai....Appellant Vs.Stanley Gonsalvez...RespondentTax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'B' Bench, Chennai dated 06.08.2010 made in ITANo.732/Mds/2010. In the Income Tax Appellate Tribunal “B”Bench Chennai dated06/08/2010 made in ITA.No. 732/MDS/2010 year 2005-06 against theCommissioner of Income Tax Chennai X, C.No. 10113/10/CIT/X/2009-10 dated 16/03/2010 A/C .No. AAGPG9235K Asst Year 2005-2006.For Appellant : Mr.M.Swaminathan, Senior Standing Counsel assisted by Ms.Premalatha, Standing Counsel For Respondent : Mr.M.P.Senthilkumar JUDGMENT (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 06.08.2010 madein ITA No.732/Mds/2010, by raising the following substantialquestions of law: "(a)Whether on the facts and circumstances ofthe case, the Tribunal was right in deciding thatSec.44AD not applicable to the assessee? (b)Whether on the facts and circumstances of https://hcservices.ecourts.gov.in/hcservices/ the case, the Tribunal was right in deciding thatthe CIT(A) had invoked the revisional jurisdictionwithout backing in law? 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 questions of law for determination in an appropriatecase. No costs. Sd/-Assistant Registrar (CCC)//True Copy//Sub Assistant RegistrarKMTo1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai 2.The Income Tax Officer, Ward XIV (2), Chennai 600 034.3.The Commissioner of Income Tax, Chennai X, 121, MG Road, Nungambakkam, Chennai 600 034.+1cc to Mr.M.Swaminathan, Advocate, S.R.No. 23953+1cc to Mr.Philip George, Advocate, S.R.No. 23980Tax Case Appeal No.1440 of 2010 VSN II(CO)GN(05/04/2019)