Tca/382/2013 Of Commissioner Of Income Tax-1 v. Psn Educational And

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2019 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.382 to 385 of 2013 Commissioner of Income Tax-I,2, V.P.Ratnasamy Road,Madurai-625 002... Appellant/Appellantin all Appeals-vs- PSN Educational and Charitable Trust,No.2, Court Road, Nagerkoil-629 001.PAN: AAA PP 4096 R.. Respondent/Respondentin all Appeals Appeals under Section 260A of the Income-tax Act, 1961,against the common order dated 29.06.2012, on the file of theIncome-tax Appellate Tribunal 'D' Bench, Chennai, inI.T.A.Nos.1848, 1852, 1853 &1854/Mds/2010 for the assessmentyears 2002-03, 2006-07, 2007-08 and 2008-09 respectively againstthe Common Appellate Order passed by the Commissioner of IncomeTax (Appeals)-II, Madurai,dated 01.07.2010 made in PA.No.AAATP4096 R, and against the Assistant Commissioner of Income TaxCentral Circle-I, Madurai, dated 30.12.2009, made in PAN/GIRNo.AAA TP4096 R for the Assessment Year 2002-03, 2006-07, These appeals filed by the appellant/Revenue under Section260A of the Income-tax Act, 1961, are directed against thecommon order dated 29.06.2012, passed by the Income-tax https://hcservices.ecourts.gov.in/hcservices/ Appellate Tribunal 'D' Bench, Chennai, in I.T.A.Nos.1848, 1852,1853 &1854/Mds/2010 for the assessment years 2002-03, 2006-07,2007-08 and 2008-09 respectively. 2.The above appeals were admitted, on 04.11.2013, on thefollowing substantial questions of law:-“(i) Whether on the facts and in thecircumstances of the case the Income Tax AppellateTribunal was right in deleting the addition ofRs.35,69,000/- on account of credits in the nameof non-teaching staffs, without providingopportunity to the Assessing Officer to verifywhether the amount was donation to the Trust?(ii) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in deleting the unexplained cash depositof Rs.93,84,943/- with City Union Bank withoutproviding opportunity to the Assessing Officer toverify whether the assessee trust had sufficientcash balance on the dates for making fixeddeposits? (iii) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in deleting the unexplained cash depositof Rs.86,18,131/- with City Union Bank withoutproviding opportunity to the Assessing Officer toverify whether the assessee trust had sufficientcash balance on the dates for making fixeddeposits? (iv) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in deleting the unexplained cash depositof Rs.34,03,803/- with City Union Bank withoutproviding opportunity to the Assessing Officer toverify whether the assessee trust had sufficientcash balance on the dates for making fixeddeposits? (v) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in deleting the unexplained cash depositof Rs.34,03,803/- with City Union Bank withoutproviding opportunity to the Assessing Officer toverify whether the assessee trust had sufficientcash balance on the dates for making fixeddeposits?” 3.Heard Mr.T.R.Senthil Kumar, learned Senior Standing Counselassisted by Ms.K.G.Usharani, learned Junior Standing Counsel forthe appellant and Mr.K.Ravi, learned counsel for the respondent. 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeals are not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019,dated 08.08.2019 issued by the Central Board of Direct Taxes. Bythe said Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 Crore.It is further submitted that the tax effect in this case is lessthan the threshold limit. 3.Heard Mr.T.R.Senthil Kumar, learned Senior Standing Counselassisted by Ms.K.G.Usharani, learned Junior Standing Counsel forthe appellant and Mr.K.Ravi, learned counsel for the respondent. 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeals are not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019,dated 08.08.2019 issued by the Central Board of Direct Taxes. Bythe said Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 Crore.It is further submitted that the tax effect in this case is lessthan the threshold limit. 5.In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect is above the threshold limit fixed in the saidcircular, liberty is granted to the Revenue to make a mention tothis Court to restore the appeals to be heard and decided onmerits. No costs. abr Sd/- Assistant Registrar //True Copy// Sub Assistant RegistrarTo 1.The Assistant Commissioner of Income tax,Central Circle-I, Madurai. 2.The Commissioner of Income Tax (Appeals)-II,Madurai. 3.The Income-tax Appellate Tribunal 'D' Bench, Chennai. +1cc to Mr.T.R.Senthil Kumar, Advocate, SR.No.72311 +1cc to Mr.K.Ravi, Advocate, SR.No.73225 T.C.A.Nos.382 to 385 of 2013 Kak(16/10/2019)