Tca/738/2017 Of Commissioner Of Income Tax v. A.krishnaveni Constructions

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.08.2019 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.738 of 2017 Commissioner of Income Tax,Non Corporate Ward I(1), Madurai... Appellant-vs- M/s.A.Krishnaveni Constructions,1/354-2, Ramasamy Nagar,Thirumalpuram, Madurai-625 014.PAN: AAJFA 1965D.. Respondent Appeal under Section 260A of the Income-tax Act, 1961,againsttheorderdated05.05.2017,madeinI.T.A.No.35/Mds/2017 on the file of the Income TaxAppellate Tribunal 'B' Bench, Chennai for the assessmentyear 2007-08 Against the order of the Commissioner ofIncome Tax Appeals II,Madurai dated 06.10.2016 and made inITA.NO.0064/2015-2016 and against the order of the IncomeTax Officer dated 31.03.2015 for the Assessment Year 2007-2008. For Appellant:Mr.M.Swaminathan,Senior Standing Counsel:assisted by Ms.V.PushpaStanding Counsel For Respondent :No appearance****** JUDGMENT (Delivered by T.S.Sivagnanam, J.) This appeal filed by the Revenue under Section 260A ofthe Income-tax Act, 1961 is directed against the orderdated 05.05.2017, made in I.T.A.No.35/Mds/2017 on the fileof the Income Tax Appellate Tribunal 'B' Bench, Chennai forthe assessment year 2007-08. 2.The appeal has been admitted on 02.01.2018, on thefollowing substantial question of law:-“Whether TDS remitted into the Governmentaccount by the assessee before the due dateof filing return under Section 139(1) of theIncome Tax Act, 1961 is to be considered asdue payment of tax, as held by the learnedTribunal?” 3.Heard Mr.M.Swaminathan, learned Senior StandingCounsel assisted by Ms.V.Pushpa, learned Standing Counselfor the appellant. 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenueon 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 thetax effect in this case is less than the threshold limit. 5.In the light of the said submissions, the above taxcase appeal is dismissed on account of the low tax effect.The substantial question of law framed is left open. In theevent the tax effect is above the threshold limit fixed inthe said circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeal to beheard and decided on merits. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar abr To 1.The Income Tax Appellate Tribunal B Bench, Chennai. 2.The Commissioner of Income Tax(appeals) -2,MaduraiMadurai 3.The Income Tax Officer, Non Corporate Ward (1),Madurai +1cc to Mr.M.Swaminathan , Advocate SR.No. 75050 T.C.A.No.738 of 2017 A.SK(15/11/2019)