Tca/755/2015 Of Commissioner Of Income Tax v. Mr.a.b.s.sanjjay

In the High Court of Judicature at Madras Dated : 27.08.2019 The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.755 to 757 of 2015 APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 24.01.2014 made in ITA.Nos.1691,1692 and 1693/Mds/2013 on the file of the Income Tax AppellateTribunal, Chennai 'D' Bench for the assessment years 2003-04,2004-05 and 2005-06 against the order dated 29/07/2013 made inITA No.235/2010-11, ITA No.236/2010-11, and ITA No.237/2010-11on the file of the Commissioner Income Tax(Appeals) Salem, forthe assessment year 2003-04, 2004-05 and 2005-06 against theorder dated 31.12.2007 made in PAN/GIR No. on the fileof the Deputy Commissioner of Income Tax Circle I, Salem for theassessment year 2005-06 against the order dated 31/12/2007 madein PAN/GIR No. /CCPS095 on the file of the AssistantCommissioner of Income Tax(I/C) central Circle, Salem for theassessment year 2003-04 against the order dated 31.12.2010 madein PA No./GIR No.AGQPS1315L/CCPS095 on the file of the AssistantCommissioner of Income Tax (I/C) Central Circle salem for theassessment year 2004-05. We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue and Mr.G.Baskar, learnedcounsel appearing for the respondent - assessee. https://hcservices.ecourts.gov.in/hcservices/ 2.These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 24.01.2014 made in ITA.Nos.1691, 1692 and 1693/Mds/2013 onthe file of the Income Tax Appellate Tribunal, Chennai 'D' Benchfor the assessment years 2003-04, 2004-05 and 2005-06. 3.The appeals were admitted on 13.10.2015 on the followingsubstantial questions of law :“(i) Whether on the facts and circumstances ofthe case, the Appellate Tribunal was right inquashing the assessment made under Section 153A, asthere are no seized materials to make freshassessments? (ii) Whether on the facts and circumstances ofthe case, the Appellate Tribunal was right inquashing the assessment made under Section 153A,when there is no regular assessment, but onlyintimation done under Section 143(1) of the Act forthe assessment years 2003-04 and 2004-05? (iii) Whether on the facts and circumstances ofthe case, the Tribunal is correct in notappreciating that the new search assessmentprocedure under Section 153A of the Act wherein the'total income' is to be determined whereas in theold search assessment procedure, the 'undisclosedincome' is to be determined? and(iv) Whether in the facts and circumstances ofthe case, the Tribunal is correct in holding thatany assessment under Section 153A can be done onlybased on incriminating material ignoring the non-obstante clause which excludes reopening underSection 147?” 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.17/2019dated 08.8.2019 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 the respectivecases is less than the threshold limit. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect in the respective cases is above the thresholdlimit fixed in the said circular, liberty is granted to the https://hcservices.ecourts.gov.in/hcservices/ Revenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect in the respective cases is above the thresholdlimit fixed in the said circular, liberty is granted to the https://hcservices.ecourts.gov.in/hcservices/ Revenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. Sd/-Assistant Registrar(CS-VI)//True copy//Sub Assistant Registrarcse To1.The Income Tax Appellate Tribunal, Chennai 'D' Bench, Chennai. 2. The Commissioner of Income Tax, Central III, 108 Mahatma Gandhi Road, Chennai-343.The Commissioner of Income Tax (Appeals), Salem4. The Deputy Commissioner of Income Tax Circle I Salem.5. The Assistant Commissioner Income Tax, Central Circle, Salem+1cc to Mr.T.R.Senthilkumar, Advocate SR.No.73606+1cc to Mr.G.Baskar, Advocate SR.No.73843TCA.Nos.755 to 757 of 2015VBA(CO)GMY(25/10/2019)