Tca/386/2009 Of Commissioner Of Income Tax v. K.t.maragathalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28.11.2018 CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.386 of 2009 Commissioner of Income Tax Central III, Chennai. .... Appellant Smt.K.T.Maragathalakshmi34/2 Water Tank Street,Gandhi Nagar, Erode - 638 009. .... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'A' Bench, Chennai, dated 14.10.2008 made in IT(SS)A No.100/Mds/2007 for the block period 1997-98 to 2002-03.The Income Tax Appearance Tribunal Chennai 'A' Bench dt.14/10/2008 in IT(SS)A No.100/Mds/2007. Block period 1997 1997-1998 to 2002-2003 and The Commissioner of Income Tax (Appeals)-II, Coimbatore I.T.Appear No. 317-C/06/07 dt. 29/03/2007 PAN No.AIMPM6663k block period 01/04/1996 to 06/03/2002. J U D G M E N T This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Madras 'A' Bench, Chennai, dated14.10.2008 made in IT(SS)A No.100/Mds/2007 for the block period1997-98 to 2002-03 by raising the following substantial questionof law: "Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right indeleting the addition of Rs.35,67,750/- being on-money amount found to have been received as perseized material on the sale of the property?" https://hcservices.ecourts.gov.in/hcservices/ 2. When the matter is taken up for admission, the learnedSenior Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.3/2018 dated 11.7.2018 wherein it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceed Rs.50lakhs. 3. In the instant case, the tax effect is less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial question of law fordetermination in an appropriate case. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant RegistrarTo 1.The Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai2.The Commissioner of Income Tax(Appeals) II, Coimbatore.3.The Assistant Commissioner of Income Tax, Chennai Circular -IV.4.The Commissioner of Income Tax Central III, Chennai. +1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No.81300 TCA No.386 of 2009 VSNII(CO) rrs 02/01/2019 https://hcservices.ecourts.gov.in/hcservices/