Tca/900/2010 Of Commissioner Of Income Tax v. M/S.srm Easwari Travels

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMANDTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Commissioner of Income Tax,Chennai ...Appellant -Vs-M/s.SRM Easwari Travels & ToursIndia Pvt.Ltd., Chennai-33. ...Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 29.12.2009 made respectively inITA.Nos.1429 and 1355/Mds/2009 on the file of the Income TaxAppellate Tribunal, Chennai 'C' Bench for the assessment year2000-01 against the Order of the Commissioner of Income Tax(Appeals)-I, Chennai -34, dated 01.06.2009, and made in ITANo.221/06-07 for the Assessment Year 2000-01 against the Orderof the Assistant Commissioner of Income Tax, Central Circle -I(3), Chennai -34,DATED 29.12.2006 made in PAN/GIR.No. for the Assessment Year 2000-01. For Respondent: Ms.Sree Lakshmi Valli We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue and Ms.Sree Lakshmi Valli,learned counsel appearing for the respondent – assessee. 2. These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 29.12.2009 made respectively in ITA.Nos.1429 and https://hcservices.ecourts.gov.in/hcservices/ 1355/Mds/2009 on the file of the Income Tax Appellate Tribunal,Chennai 'C' Bench for the assessment year 2000-01. 3. The appeals were admitted on 13.9.2010 on the followingsubstantial questions of law : “i. Whether, on the facts andcircumstances of the case, the Tribunal wasright in holding that the assessment orderpassed under Section 153C read with Section153A read with Section 143(3) is bad in law,since satisfaction note was not recorded bythe Assessing Officer of the searched partybefore handing over the records to theAssessing Officer of the other/presentassessee ? ii. Whether, on the facts andcircumstances of the case, the Tribunal wasright in holding that the assessment orderpassed under Section 153C read with Section153A read with Section 143(3) is bad in law,when the Assessing Officer of the searchedparty and the other assessee herein are oneand the same? Andiii. Whether, on the facts andcircumstances of the case, the Tribunal wasright in not considering the appeal filed bythe Revenue?” 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 theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'C' Bench, Chennai. 2.The Commissioner of Income Tax Chennai -34, 3.The Commissioner of Income Tax (Appeals)-I, Chennai -34, 4.The Assistant Commissioner ofIncome Tax, Central Circle -I(3),Chennai -34, +1cc to M/s.Sree Lakshmivalli, Advocate, SR.No.71039+1cc to Mr.T.R.Senthil Kumar, Advocate, SR.No.70998 TCA.Nos.900 & 901 of 2010 Kak(09/10/2019)