The Commissioner Of Income Salem v. Shri V.sekaran28

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.06.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.66 of 2012 The Commissioner of Income Salem. ... Appellant Vs. Shri V.Sekaran28/52, Bazaar StreetErumaipatty PONamakkal District. ... Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the common order of the Income TaxAppellate Tribunal 'D' Bench, Chennai dated 31.12.2007 inC.O.No.09/Mds/2004, as against the order dt.17.2.03 of thecommissioner of Income Tax(Appeals) II, Coimbatore in IT(A).NO.302-C/02-03, for the Assessment year 90-91 to 2001-02(up to 21.9.2000), as against the order of the DeputyCommissioner of Income Tax, Salem for PAN/GIR No.CCPS-016,for the assessment year 1.4.90 to 21.9.2000. For Appellant :Mr.T.R.Ravi Kumar, Senior Standing Counsel For Respondent : Mr.M.P.Senthil Kumar (Judgment of the Court was delivered by DR.VINEETKOTHARI,J) This Tax Case Appeal has been filed by the Revenuecalling in question the correctness of the order passed bythe Income Tax Appellate Tribunal, 'D' Bench, Chennai, byraising the following substantial questions of law:“ 1. Whether on the facts and circumstances ofthe case, the Income Tax Appellate Tribunal wasright in law in deleting the addition ofRs.16,66,400/- made on account of purchase of https://hcservices.ecourts.gov.in/hcservices/ lands? 2. Whether the Tribunal was right in deleting theadditionofRs.1,08,53,413/-representinginvestment which had not been properly explainedpertaining to the loose sheet containing varioustransactions found during search?" 2. When the matter was taken up for hearing, thelearned Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxesvide Circular No.17/2019 dated 8th August 2019, wherein, itis stipulated that appeals shall not be filed/pursued bythe Department before the High Court in cases where the taxeffect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In the instant case, the tax effect is said to beless than the monetary limit imposed and therefore, theappeal filed by the Revenue is dismissed as not pressed,keeping open the substantial questions of law fordetermination in an appropriate case. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar KSTTo 1.Income Tax Appellate Tribunal 'D' Bench,Chennai. 2.The Commissioner of Income Tax,Salem. 3.The Income Tax Appeals II, Coimbatore. 4.The Deputy Commissioner of Income Tax,Central Circle, Salem. T.C.(A) No.66 of 2012 SVI(CO)CB(06/08/2020)