Tca/428/2017 Of Commissioner Of Income Tax v. M/S. Raja Agencies

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM: THE HON'BLE MR.JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.NO.428 OF 2017 The Commissioner of Income Tax,Circle, Madurai.... Appellant M/s.Raja Agencies,No.1, Bye pass Road, Madathur,Tuticorin.... Respondent Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "A" Bench, dated 01.08.2016 in I.TA.No.215/Mds/2016Assessment Year 2012-13. Appeal against the order of the Commissioner of Income Tax(Appeals)-1,Maduraidated 18.11.2015 and made inITA.No.0096/2015-16 for the Assessment year 2012-2013 as againstthe order of the Income Tax Officer, Ward I, Tuticorin dated31.03.2012 and made in PAN.No. for the Assessment year2012-2013. (Judgment was delivered by M.DURAISWAMY, J.) We have heard Ms.V.Pushpa, learned Standing Counsel for theappellant/Revenue. 2.The appeal, filed by the Revenue under Section 260A of theIncome Tax Act, 1961 (for short, the Act) is directed againstthe order dated 01.08.2016 made in I.TA.No.215/Mds/2016 on thefile of the Income Tax Appellate Tribunal, Chennai, "A" Bench(for brevity, the Tribunal) for the Assessment Year 2012-13. https://hcservices.ecourts.gov.in/hcservices/ 3.The appeal was admitted on 11.07.2017 on the followingsubstantial question of law: “Whether the container freight stationconstitutes an “Inland Port” and entitled todeduction under Section 80IA(4) of the Income TaxAct, 1961?” 4.The learned Standing Counsel for the appellant submitsthat the above appeal is not pursued by the Revenue on accountof the Low Tax Effect in terms of Circular No.17/2019 dated08.08.2019 issued by the Central Board of Direct Taxes. By thesaid 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 these cases areless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeal is dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed is left open. Inthe event the tax effect in this case is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appeal tobe heard and decided on merits. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// va To 1.The Income Tax Appellate Tribunal, Chennai, "A" Bench2.The Commissioner of Income Tax Appeals-1,Madurai. 3.The Income Tax Officer,Ward I, Tuticorin. 4.The Commissioner of Income Tax Circle,Madurai. T.C.A.No.428 of 2017 KV(CO)CS/21/04/2021