Tca/260/2016 Of Commissioner Of Income Tax v. Shri.k.sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 15.04.2016 The Hon'ble Mr.Justice V.RAMASUBRAMANIANAND The Hon'ble Mr.Justice M.V.MURALIDARAN Commissioner of Income Tax,Central Circle, 108, Nungambakkam High Road, Chennai - 600 034. .. Appellant /Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax Appellate Tribunal'C' Bench, Chennai dated 05.02.2015 in ITA No.1071, 1072, 1073 &1090/Mds/2014. Order of the Court was made by V.Ramasubramanian, J)The Revenue has come up with the above appeals raising thefollowing substantial questions of law: "1. Whether on the facts and circumstances ofthe case the Appellate Tribunal was right inquashing the assessment made u/s 153A, as thereare no seized materials to make fresh assessments? 2. Whether on the facts and circumstances ofthe case, the Appellate Tribunal is correct innot appreciating that the new Search Assessmentprocedure u/s. 153A of the Act wherrein the"total income" is to be determined whereas in theold search assessment procedure the "undisclosedincome" is to be determined? https://hcservices.ecourts.gov.in/hcservices/ 3. Whether in the facts and circumstances ofthe case Tribunal is correct in holding that anyassessment u/s 153A can be done only based onincriminating material ignoring the non-abstanteClause which excludes reopening under section147?" 2. We have heard Mr.T.R.Senthilkumar, learned StandingCounsel appearing for the Department. 3. The Tax implication of these appeals is less than theceiling limit fixed by the Circular bearing No.21 of 2015 dated10.12.2015. Therefore, these Tax Case Appeals are dismissed aswithdrawn. The substantial questions of law are left unanswered.No costs. Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar To 1.The Chair Person, The Income Tax Appellate, Tribunal Chennai C Bench, Chennai. 2.The Commissioner of Income Tax Central II, Chennai 600 034. 3.The Deputy Commissioner of-Income Tax, Central Circle IV(1), Chennai-34. TCA.Nos. 260 to 263 of 2016 vsn(CO)srg(26/04/2016)