Tca/789/2014 Of The Commissioner Of Income Tax v. M/S Chennai Hotels India Pvt

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.789 to 793 of 2014 The Commissioner of Income Tax,Chennai... Appellant in all Appeals-vs- M/s.Chennai Hotels (India) Pvt. Ltd.,103, Ashok Nagar Main Road,Kodambakkam, Chennai... Respondent in all Appeals APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 05.10.2012, made inI.T.A.Nos.1000 to 1004/Mds/2012 on the file of the Income TaxAppellate Tribunal 'B' Bench, Chennai for the assessment years2001-02 to 2005-06 respectively against the Order of theCommissioner of Income Tax Chennai -34, made in C.No.218(1)CIT-1/263/2011-12, C.No.218(2)/CIT-1/263/2011-12, C.No.218(3)/CIT-1/263/2011-12, C.No.218(4)CIT-1/263/2011-12, C.No.218(5)CIT-1/263/2011-12,respectively dated 27.03.2012 and againsttheOrder of the Assistant Commissioner of Income Tax,CompanyCircle-I (3) Chennai -34, made in GIR/PAN.No.AABCC5173 Fdated 02.12.2008 for the Assessment Years 2001-02 to 2005-06respectively. For Appellant:Mr.T.Ravikumar,(In all Appeals) Senior Standing Counsel These appeals filed by the Revenue under Section 260A of theIncome-tax Act, 1961 are directed against the common order dated05.10.2012, made in I.T.A.Nos.1000 to 1004/Mds/2012 on the fileof the Income Tax Appellate Tribunal 'B' Bench, Chennai for theassessment years 2001-02 to 2005-06 respectively. https://hcservices.ecourts.gov.in/hcservices/ 2.The above appeals were admitted on 30.10.2014, on thefollowing substantial questions of law:-“(i) Whether on the facts and in thecircumstances of the case, the Tribunal wasjustified in dropping the penalty proceedings asenvisaged under Section 271(1)(c) of the IncomeTax Act in a clear case of suppression of incomeby the assessee admitted in the course of survey?(ii) Whether on the facts and in thecircumstances of the case, the Tribunal was rightin setting aside the order of the Commissioner ofIncome Tax passed under Section 263 of the Act?” 3.Heard Mr.T.Ravikumar, learned Senior Standing Counsel forthe appellant and Mr.N.V.Balaji, learned counsel for therespondent. 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 this case is lessthan 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 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. (abr) Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar 1.The Income Tax Appellate Tribunal 'B' Bench, Chennai. 2. The Commissioner of Income Tax Chennai -34, Chennai -34, 3. The Assistant Commissioner of Income Tax Company Circle-I (3) Chennai.Company Circle-I (3) Chennai. +1cc to Mr.T.Ravi Kumar, Advocate, SR.No.72364 T.C.A.Nos.789 to 793 of 2014 Kak(05/11/2019)