Tca/673/2011 Of Commissioner Of Income Tax-1 v. T.vijayakumar(Ind)

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMand THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.673 and 674 of 2011 Commissioner of Income Tax-I,Tiruchirapalli... Appellant in both Appeals-vs- Sri.T.Vijayakumar (Ind),No.28-B, NVV Enclave, Tennur,Tiruchirapalli-620 017... Respondent in TCA No.673 of 2011 Sri.T.Vijayakumar (Ind),No.28-B, NVV Enclave, Tennur,Tiruchirapalli-620 017... Respondent in TCA No.674 of 2011 APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 28.06.2011, made in I.T.(SS)ANos.13 & 14/Mds/2010 on the file of the Income Tax AppellateTribunal Bench 'D', Chennai, for the assessment block period01.04.1996 to 13.07.2001 against the order of the commissionerof Income Tax(Appeals), Tiruchirapalli in ITA.No.128/07-08 andITA.No.129/07-08 dated 10.03.2010, against the order of theDeputy Commissioner of Income Tax Circle III, Trichy, dated29/11/2007 for the Block Period 01.04.1996 to 13/07/2001 and theBlack period 01.04.1996 to 13/07/2001 dated 23/11/2007. COMMON JUDGMENT (Delivered by T.S.Sivagnanam, J.) These appeals filed by the Revenue under Section 260A of theIncome-tax Act, 1961 are directed against the common order dated28.06.2011, made in I.T.(SS)A Nos.13 & 14/Mds/2010 on the fileof the Income Tax Appellate Tribunal Bench 'D', Chennai, for theassessment block period 01.04.1996 to 13.07.2001. 2.The above appeals were admitted on 15.02.2012, on thefollowing substantial question of law:- “Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in holding that the assessment made on theassessee u/s 158BD r/w Sec.158BC of the Income TaxAct was not valid since the notice issued by theAssessing Officer u/s 158BD after 28 months fromthe date of passing of the assessment order in thecase of searched person, viz, M/s.Rama Newsprint &Papers Pvt. Ltd., Mumbai, was barred by limitationeven though there was no statutory time limitprescribed under Income Tax Act for the issue ofnotice u/s 158BD?” 3.Heard Mr.M.Swaminathan, learned Senior Standing Counselassisted by Ms.V.Pushpa, learned Standing Counsel for theappellant – and Mr.A.S.Sriraman, learned counsel forMr.S.Sridhar, 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 these cases isless than the threshold limit. 2/3 https://hcservices.ecourts.gov.in/hcservices/ 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial question of law framed is 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. Sd/- Asst.Registrar (CS VIII) /true copy/Sub Asst. RegistrarabrTo1.The Income Tax Appellate Tribunal Bench 'D', Chennai.2.The Commissioner of Income Tax(Appeals), Tiruchirappali3.The Deputy Commissioner of Income Tax Circle-IIITrichy+1 cc to M/s.M.Swaminathan Advocate sr73019+1 cc to Mr.S.Sridhar Advocate sr72492T.C.A.Nos.673 and 674 of 2014rk(co)aa11/11/2019 3/3 https://hcservices.ecourts.gov.in/hcservices/