Tca/317/2013 Of Commissioner Of Income Tax v. M/S Ultra Readymix Concerete

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Commissioner of Income TaxCoimbatore.Appellant/Respondent M/s.Ultra Readymix Concrete P. Ltd.,No.36-38, 11th Street, Tatabad, Coimbatore 641 012. PAN: AACU7836KRespondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'D' Bench, Chennai, dated 6.11.2012 made in ITANo.1727/Mds/2012 arising aganist the order of the Commissionerof the Income Tax (Appeals)I ,Coimbatore, dated 17.04.2012, inAppeal No.47/11-12,arising aganist the order dated 28.06.2011 ofthe Deputy Commissioner of Income Tax,Company circle 1(3),Coimbatore,arising the assessment order dated 24/12/2010 of theDeputy Commissioner of Income Tax,Company circle 1(3)Coimbatore-1 PAN:AACU7836K For Respondent :Mr.M.P.Senthilkumar for Mr.Philip George This Tax Case Appeal has been filed by the Revenue, callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'D' Bench, Chennai, dated 6.11.2012 madein ITA No.1727/Mds/2012, for the Assessment Year 2008-2009, byraising the following substantial question of law: "Whether under the facts and circumstances of thecase, the Income Tax Appellate Tribunal was correct https://hcservices.ecourts.gov.in/hcservices/ in in holding that the assessee neither concealedthe Income nor filed inaccurate particulars ofincome but only failed to deduct the tax at sourcewhich was paid subsequently and therefore there isno infirmity in the order of the Commissioner ofIncome Tax (Appeals) deleting the penalty levied bythe assessing officer?" 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effect is said to be lessthan the monetary limit imposed and therefore, the Appeal filedby the Revenue is dismissed, as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases.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 //True Copy// Sub Assistant Registrar ssk. To 1. Commissioner of Income Tax Coimbatore. Coimbatore. 2. Income Tax Appellate Tribunal, 'D' Bench, Chennai. 3. Deputy Commissioner of Income Tax,Company circle 1(3), Coimbatore Coimbatore Tax Case (A) No.317 of 2013 RSK(CO)GS(13/07/2020)