Tca/973/2010 Of Commissioner Of Income Tax Iv v. Shri A Manohar Prasad

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 19.8.2019 The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 15.4.2010 made in ITA.No.1843/Mds/2009 on thefile of the Income Tax Appellate Tribunal, Chennai 'C' Bench forthe assessment year 2006-07 against the order of Commissioner ofIncome Tax/Appeals VI, No.121, Nungambakkam High Road,Chennai -34 made in ITA.No.224/2008-09 dated 03/06/2019 for theassessment year 2006-07 against the order of Income TaxOfficer, Media Ward II(i/c) Chennai made in PAN/GIRNo. , dated 31.12.2008 for the assessment year 2006-07.For Appellant:Mr.M.Swaminathan, SSC assisted by Ms.S.Premalatha, SCFor Respondent :served and no appearanceJudgment was delivered by T.S.Sivagnanam,J We have heard Mr.M.Swaminathan, learned Senior StandingCounsel, assisted by Ms.S.Premalatha, learned Standing Counselappearing for the appellant – Revenue. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated15.4.2010 made in ITA.No. 1843/Mds/2009 on the file of theIncome Tax Appellate Tribunal, Chennai 'C' Bench for theassessment year 2006-07. https://hcservices.ecourts.gov.in/hcservices/ remuneration of Rs.84,00,000/- received bythe assessee as Director of the company wasassessable under the head 'income from othersources' and not under the head 'salaries'ignoring all relevant material?” 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. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'C' Bench. 2.The Commissioner of Income Tax IV, Chennai. 3.The Commissioner of Income Tax Appeals VI, No.121 Nungambakkam High Road, Chennai -34. 4.The Income Tax Officer, Media Ward II(I/c), Chennai. 5.The Assistant Registrar, Income Tax Appellate Tribunal, III Floor Rajaji Bhavan, Besen Nagar, Chennai -90. +1 cc to M/s.M.Swaminathan,Advocate Sr.No. 70422 AKM/26.09.19/2P-7C / TCA.No.973 of 2010