Tca/666/2009 Of Commissioner Of Income Tax v. O.rm.m.sp.sv.m.rm.ramanathan

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20.02.2017 THE HON'BLE MR.HULUVADI G.RAMESH, THE ACTING CHIEF JUSTICEANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Nos.666 to 669 of 2009 The Commissioner of Income TaxMadurai...Appellant in all TCAs Tax Case filed under Section 260A of the Income Tax Act,1961 against the order of the Income Tax Appellate Tribunal,Madras 'B' Bench, Chennai, dated 20.10.2008 in ITANos.2542/MDS/2007,2543/MDS/2007,2544/MDS/2007and2545/MDS/2007 respectively preferred against the order of theCommissioner of Income-Tax(Appeals)-I, Madurai, dated 29.08.2007in ITA.Nos.26 to 29/07-08 respectively and against theassessment orders dated 28.12.2006 passed by the Income Taxofficer, ward I (2), Karaikudi, for the Assessment year 2001-2002, 2002-2003, 2003-2004, 2004-2005. These Tax Case Appeals filed by the Revenue calling inquestion the correctness of the order passed by the Income TaxAppellate Tribunal, Madras 'B' Bench, Chennai, dated 20.10.2008in ITA Nos.2542/MDS/2007, 2543/MDS/2007, 2544/MDS/2007 and2545/MDS/2007 respectively, have been admitted on 25.8.2009 forconsideration of the following substantial questions of law: https://hcservices.ecourts.gov.in/hcservices/ "(i) Whether on the facts and circumstancesof the case, the Tribunal was right in law indeleting the penalty u/s. 271(1)(c) of the IncomeTax Act when the assessee has not filed returnsfrom 1997-98 onwards and hand not been assessedfor some years previous to the years in question,and as such would satisfy the requirements of theexplanation? (ii) Whether on the facts and circumstancesof the case, the Tribunal was right in law inholding that the amendment to explanation 3 toSec.271(1)(c) by Finance Act 2002 cannot beapplied retrospectively, and that it is notclarificatory in nature? and (iii) Whether on the facts and circumstancesof the case, the Tribunal was right in law indirecting deduction of the self-assessment taxpaid only after the issue of notice u/s. 148 ofthe Act? " 2. Circular instruction issued by the Central Board ofDirect Taxes No.21/2015, dated 10.12.2015 stipulates thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceed Rs.20lakhs. In the instant case, the tax effect is less than themonetary limit imposed and therefore, the learned StandingCounsel for the appellant seeks to withdraw these appeals.Hence, these appeals are dismissed as withdrawn. No costs. -s/d-Assistant RegistrarTrue CopySub-Assistant Registrar kpl To 1.The Income Tax Appellate TribunalMdras 'B' Bench, Chennai 2.The Commissioner of Income Tax(Appeals-I)Madurai https://hcservices.ecourts.gov.in/hcservices/ 3.The Income Tax Officer Ward-I(2)Karaikudi +1 cc to M/s.M.Swaminathan Advocate sr 10755 TCA Nos.666 to 669 of 2009. nrl(co)aa14/03/2017