Tca/884/2017 Of Commissioner Of Income Tax v. M/S Laxmi Selvaraj Tex Private

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.7.2020 THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY Commissioner of Income Tax,Corporate Circle 1, Madurai.Appellant M/s.Laxmi Selvaraj Tex Private Limited,No.9/7B, Dindigul Road,Vilangudi, Madurai 625 018. PAN: AABCL 5470 HRespondent Tax Case Appeal filed under Section 260-A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras ‘C’ Bench dated 31.5.2017 in inI.T.A.No.2271/Mds/2015 as against the order dated 18/09/2015filed by the Commissioner of Income tax(Appeals) Madurai, inPAN.No.AABCL5470H for the assessment year 2010-2011, and asagainst the order dated 26/03/2013 filed by the Income TaxOfficer, ward-I(2), Madurai. For Appellant: Mr.M.Swaminathan, Senior Standing Counsel ORDER(Made by Dr.Vineet Kothari,J) The Court was held by Video Conference, as per theResolution of the Full Court dated 3 July 2020, by Judges attheir respective residences and the counsel, staff of the Courtappearing from their respective residences. 2. This Tax Case has been filed by the Revenue, calling inquestion the correctness of the order passed by the Income TaxAppellate Tribunal, ‘C’ Bench dated 31.5.2017 in inI.T.A.No.2271/Mds/2015, for the Assessment Year 2010-2011, byraising the following substantial question of law: https://hcservices.ecourts.gov.in/hcservices/ "(i) Whether the Income Tax Appellate Tribunal isright in holding that the Assessee is entitled tocarry forward the business losses to the subsequentAssessment Year when the Assessee has not filed hisReturn of income for the relevant Assessment Yearwithin the time allowed under Section 139(1)?" 3. When the matter is taken up for hearing, learned SeniorStanding Counsel brought to our notice the instruction issued bythe Central Board of Direct Taxes vide Circular No.17/2019 dated8th August 2019, wherein, it is stipulated that appeals shallnot be filed/pursued by the Department before the High Court incases where the tax effect does not exceed Rs.1,00,00,000/-(Rupees One Crore). 4. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the Appeal filedby the Revenue is dismissed, as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases. Copy of this order may be sent to theRespondent/Assessee. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssk To1.The Commissioner of Income Tax,Corporate Circle I Madurai 2.The Income Tax Appellate Tribunal Chennai 3.The Commissioner of Income Tax Appeals Madurai 4.The Income Tax OfficerWard I(2) Madurai. T.C.A.No.884 of 2017 svl(co)aa29/09/2020