Tca/182/2015 Of The Commssionor Of Income Tax v. G.gita

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE R.HEMALATHA Appeal preferred under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Madras, "C" Bench, dated 31.07.2014 inITA.No.1142/Mds/2014 for the Assessment Year 2009-10, againstthe appellate order of the commissioner of Income Tax(Appeals)-II Chennai dated 28.2.2014 in ITA.No.529/2013-14 forthe Assessment year 2009-10, against the Assessment order ofthe Deputy Commissioner of Income Tax company circle II (1).Chennai dated 20-12-2011 made in PAN/GIR No. fer theassessment year 2009-10. JUDGMENT (Judgment was delivered by M. DURAISWAMY, J.) We have heard Mr. Karthik Ranganathan, learned SeniorStanding Counsel for the appellant/Revenue and Mr.Ashokapathy,learned counsel for the respondent. 2. The appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainsttheorderdated31.07.2014madeinITA.No.1142/Mds/2014 on the file of the Income Tax AppellateTribunal, Chennai, "C" Bench (for brevity, the Tribunal) forthe Assessment Year 2009-2010. 3. The appeal was admitted on the following substantialquestion of law:- “Whether on the facts and in thecircumstances of the case, the AppellateTribunal was right in ignoring the revisedreturn filed by the assessee in terms ofhttps://hcservices.ecourts.gov.in/hcservices/Section 139(5) of the Income Tax Act?” 4. The learned Senior Standing Counsel appearing for theappellant submits that the above appeal is not pursued by theRevenue on account of the Low Tax Effect in terms of CircularNo.17/2019 dated 08.08.2019 issued by the Central Board ofDirect Taxes. By the said Circular, the monetary limit forfiling or pursuing an appeal before the High Court has beenincreased to Rs.1 crore. It is further submitted that the taxeffect in this case is less than the threshold limit. 5. In the light of the said submissions, the above TaxCase Appeal is dismissed as withdrawn on account of the LowTax Effect. The substantial question of law framed is leftopen. In the event the tax effect in this case is above thethreshold limit fixed in the said Circular, liberty is grantedto the Revenue to make a mention to this Court to restore theappeal to be heard and decided on merits. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gv To1. The Income Tax Appellate Tribunal, Chennai,"C" Bench 2.The commissioner of Income Tax (Appeals)-II, Chennai-34. 3.The Deputy Commissioner of Income Tax, Company Circle – II (1),Chennai.Company Circle – II (1),Chennai. T.C.A.No.182 of 2015 RLD(CO) B.VC(22.07.2021)