Tca/805/2014 Of Commissioner Of Income Tax v. N. Mahalingam Huf

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.805 of 2014 Commissioner of Income Tax,Madurai... Appellant-vs- Shri N.Mahalingam (HUF).. Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 23.04.2014, made in I.T.A.No.291(Mds)/2014 onthe file of the Income Tax Appellate Tribunal 'B' Bench, Chennaifor the assessment year 2008-09 as against the Order of theCommissioner of Income Tax (Appeals)-1, Madurai, dated30.12.2013 made in ITA No.57/2012-13 and against the Order ofthe Income Tax Officer, Ward-1(3), Viridhunagar, Dated31.12.2010 made in PAN AADHN 3562R/45/2008-09 For Appellant:Mr.M.Swaminathan,Senior Standing Counselassisted by Ms.V.Pushpa,Standing CounselFor Respondent :Mr.V.S.Jayakumar JUDGMENT (Delivered by T.S.Sivagnanam, J.) This appeal filed by the Revenue under Section 260A of theIncome-tax Act, 1961 is directed against the order dated23.04.2014, made in I.T.A.No.291(Mds)/2014 on the file of theIncome Tax Appellate Tribunal 'B' Bench, Chennai for theassessment year 2008-09. 2.The above appeal was admitted on 29.10.2014, on thefollowing substantial question of law:-“Whether on the facts and in the circumstancesof the case, the Tribunal was right in deletingthe penalty under Section 271(1)(c) of the Income https://hcservices.ecourts.gov.in/hcservices/ Tax Act when the assessee itself has admitted itsomission of income before the Commissioner ofIncome Tax (Appeals)?” 3.Heard Mr.M.Swaminathan, learned Senior Standing Counselassisted by Ms.V.Pushpa, learned Standing Counsel for theappellant – and Mr.V.S.Jayakumar, learned counsel for therespondent. 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeal is 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 caseappeal is 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 appeal to be heard and decided onmerits. No costs. abr Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To1. The Income Tax Appellate Tribunal 'B' Bench, Chennai. 2. The Commissioner of Income Tax (Appeals)-1,Madurai. 3. The Income Tax Officer, Ward-1(3), Viridhunagar. +1cc to Mr.M.Swaminathan, Advocate, SR.No.73022+1cc to Mr.V.S.J Advocate, SR.No.72922 Kak(30/10/2019)