Tca/256/2014 Of Commissioner Of Income Tax v. Shri R.rajinikanth

Commissioner of Income Tax Media CircleChennai 600 034.: Appellant Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'D' Bench, Chennai, dated 26.7.2013 made in ITANos.66, 65 and 64/Mds/2012, respectively against the order ofCommissioner of Income Tax (Appeals), IV, Chennai dated29/11/2011 and made in ITA.No.49/10-11, 48/10-11 and 47/10-11respectively agianst the penalty order, dated 28.07.2010 andmade in PA.No.AAIPR12671 of the Deputy Commissioner of IncomeTax, Media Circle -II, Chennai against the assessmentorder,dated 27.12.2006, of Joint Commissioner of Income Tax,Media Range, Chennai and order, dated 31.03.2006 of DeputyCommissioner of Income Tax Media Circle-II, Chennai and orderdated 31.03.2006, of Deputy Commissioner of Income Tax MediaCircle-II, Chennai for the assessment year 2004-05, 2003-04 and2002-03 respectively. For Appellant : Ms.V.Pushpa Junior Standing Counsel For Respondent : Mr.A.S.Sriraman These Tax Case Appeals have been filed by the Revenue,calling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'D' Bench, Chennai, dated26.7.2013 made in ITA Nos.64, 65 and 66/Mds/2012, for theAssessment Years 2002-2003, 2003-2004 and 2004-2005, by raisingthe following substantial questions of law: "(i) Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in law in deleting the penalty levied underSection 271(1)(c) on the additional income admitted https://hcservices.ecourts.gov.in/hcservices/ by the assessee by filing a revised returnconsequent to survey? (ii)Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal wasright in law in holding that the said admission ofincome was only an estimated income withoutappreciating the fact that there was no materialevidence produced by the assessee in support of theclaim of expenditure? (iii) Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in deleting the penalty levied under Section271(1)(c) of the Act, when the assessee had reversedthe claim of bad debts consequent to surveyoperations under Section 153A of the Act? (iv)Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal wasright in law in holding that the quantum issue hasbeen decided in favour of the assessee, hencepenalty will not survive without appreciating thefact that the quantum addition was not deleted onlythe finding regarding the head of income underwhich the income has to be assessed?" 2. When the matters are taken up for hearing, learnedJunior Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.17/2019 dated 8th August 2019, wherein, it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the tax effectdoes not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In the instant cases, the tax effect is said to be lessthan the monetary limit imposed and therefore, the Appeals filedby the Revenue are dismissed, as withdrawn, keeping open thesubstantial questions of law for determination in appropriatecases. No costs. Assistant Registrar// True Copy// ssk. Sub Assistant Registrar To 1. Commissioner of Income Tax Media Circle Chennai 600 034. 2. Income Tax Appellate Tribunal, 'D' Bench, Chennai. 3. The Deputy Commissioner of Income Tax, Media Circle II(ITC), Chennai-34. 4. The Commissioner of Income Tax(Appeals)-IV,121, Mahatma Gandhi Street, Chennai-600034. 5. The Joint Commissioner of Income Tax,Media Range, 121, M.G. Road, New Block, Chennai 600 034. +1cc to Mr.M.Swaminathan, Advocate, SR.No.6544. +1cc to Mr.S.Sridhar, Advocate, SR.No.5873. Assistant Registrar// True Copy// ssk. Sub Assistant Registrar To 1. Commissioner of Income Tax Media Circle Chennai 600 034. 2. Income Tax Appellate Tribunal, 'D' Bench, Chennai. 3. The Deputy Commissioner of Income Tax, Media Circle II(ITC), Chennai-34. 4. The Commissioner of Income Tax(Appeals)-IV,121, Mahatma Gandhi Street, Chennai-600034. 5. The Joint Commissioner of Income Tax,Media Range, 121, M.G. Road, New Block, Chennai 600 034. +1cc to Mr.M.Swaminathan, Advocate, SR.No.6544. +1cc to Mr.S.Sridhar, Advocate, SR.No.5873. T.C.(A) No.256, 458 & 459 of 2014 GJ(CO)CSR: 02.03.2020 https://hcservices.ecourts.gov.in/hcservices/