Tca/631/2014 Of Commissioner Of Income Tax v. M/S Oriental Hotels Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 08.07.2021 THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE R.HEMALATHA T.C.A.Nos.631 & 632 of 2014andMP.No.1 of 2014 in TCA.No.632 of 2014 Commissioner of Income Tax, Chennai. ...Appellantin both TCAs M/s.Oriental Hotels Ltd.,47, Mahatma Gandhi Road,Nungambakkam,Chennai – 600 034. ...Respondent in both TCAs Appeals preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "B" Bench, dated 23.01.2014 in ITA.Nos.1232 &1233/Mds/2013 for the Assessment Years 2003-2004 & 2004-2005against thecommon order dated 28.03.2013 made in ITA No.315to319/10-11 on the file of the Commissioner of Income Tax(Appeals)-V, Chennai and against the order dated 27/12/2010 madein PAN on the file of the Deputy Commissioner ofIncomeTax Company circle V(I) Chennai for the assessment year2003-04, 2004-05. For Respondent : Mr.R.Venkatanarayananin both TCAs for Mr.Subbarayar Iyer Padmanabhan We have heard Mr.T. Ravikumar, learned Senior StandingCounsel for the appellant/Revenue and Mr.R.Venkatanarayanan,learned counsel for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 2. The appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) are directedagainst the orders dated 23.01.2014 made in ITA.Nos.1232 &1233/Mds/2013 on the file of the Income Tax Appellate Tribunal,Chennai, "B" Bench (for brevity, the Tribunal) for theAssessment Years 2003-2004 & 2004-2005. 3. The appeals were admitted on the following substantialquestions of law:- “Whether under the facts and circumstancesof the case, the Income Tax Appellate Tribunal isright in holding that the re-opening is bad inlaw, since the Assessing Officer did not recordin his reasons for escapement that there isfailure on the part of the assessment?” 4. The learned Senior Standing Counsel appearing for theappellant submits that the above appeals are not pursued by theRevenue on account of the Low Tax Effect in terms of CircularNo.17/2019 dated 08.08.2019 issued by the Central Board ofDirect Taxes. By the said Circular, the monetary limit forfiling or pursuing an appeal before the High Court has beenincreased to Rs.1 Crore. It is further submitted that the taxeffect in these cases are less than the threshold limit. 5. In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed is left open. Inthe event the tax effect in these cases is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. Consequently,connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gv To 1.The Income Tax Appellate Tribunal, Chennai," B" Bench. Chennai," B" Bench. https://hcservices.ecourts.gov.in/hcservices/ 2. The Commissioner of Income Tax, Appeals V, Chennai.3. The Deputy Commissioner of Income Tax, Company Circlr V(1), Chennai. +1cc to Mr.T.Ravi Kumar,Advocate,Sr.32214+1cc to M/s.Subbaraya Aiyar,Advocate,Sr.32217 T.C.A.Nos.631 & 632 of 2014andMP.No.1 of 2014 in TCA.No.632 of 2014 RSV[co]NSK 04/08/2021