Tca/808/2013 Of Commissioner Of Income Tax v. M/S Skthidaran Spintex Mills

The Honourable Mrs.Justice V.BHAVANI SUBBAROYANTax Case Appeal No.808 of 2013 The Commissioner of Income Tax, Salem ...Appellant M/s.Sakthidaran Spintex Mills(P) Ltd., Tiruchengode-637211....Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 08.7.2013 made in ITA.No.754/Mds/2013 on thefile of the Income Tax Appellate Tribunal, Chennai 'D' Bench forthe assessment year 2008-09, against the order of theCommissioner of Income Tax(Appeals), Salem, in ITA No.163/2010-2011 dated 29/01/2013 against the Assessment order passed by theAssistant Commissioner of Income Tax, Company Circle, Salem,dted 31.12.2010 for the Assessment Year 2008 09. We have heard Mr.M.Swaminathan, learned Senior StandingCounsel assisted by Ms.V.Pushpa, learned Standing Counselappearing for the appellant – Revenue and Mr.G.Baskar, learnedcounsel appearing for the respondent – assessee. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated08.7.2013 made in ITA.No. 754/Mds/2013 on the file of the IncomeTax Appellate Tribunal, Chennai 'D' Bench for the assessmentyear 2008-09. 3. The appeal was admitted on 28.1.2014 on the followingsubstantial question of law : “Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in holding that the assessee isentitledfordepreciationoncivilconstruction/electrical fitting at a higher https://hcservices.ecourts.gov.in/hcservices/ rate of depreciation applicable to thewindmill equipment at the rate of 80% byconcluding that the said installations/construction were integral part of thewindmill ?” 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.17/2019dated 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 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. Sd/-Assistant Registrar // True Copy// Sub Assistant RegistrarRSTo 1.The Income Tax Appellate Tribunal, Chennai 'D' Bench. 2.The Commissioner of Income Tax (Appeals), Salem. 3.The Assistant Commissioner of Income Tax, Company Circle, Salem. Company Circle, Salem. +1cc to Mr.M.Swaminathan, Advocate, SR.No.72002.+1cc to +1cc Mr.G.Baskar, Advocate, SR.No.71652. (CO)CSR(19/12/2019)