The Commissioner Of Income Tax, Business Circle, Chennai v. Shri M.n.rajaraman

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.8.2019 The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN The Commissioner of Income Tax, Business Circle, Chennai...Appellant/Appellant VsShri M.N.Rajaraman ...Respondent/ Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 18.11.2011 made in ITA.Nos.1734to 1738/Mds/2010 on the file of the Income Tax AppellateTribunal, Chennai 'B' Bench respectively for the assessmentyears from 2000-01 to 2004-05 against the order of theCommissioner of Income Tax Appeals VI,121,Mahathma Gandhi Road ,chennai 34 dated 30.07.2010 in ITA.NO.28,29,30,31&32/2010-2011/GIR NO.AAA pR 6451 J and against the order of the AssisstantCommissioner of Income tax Central Circle I (3), 108,MahathmaGandhi Road , chennai 34 dated 09.08.2006 PAN NO.AAA PR 6451 J for the Assessment Year 2000-01,2001-02,2002-03,2003-04,2004-05respectively. COMMON JUDGMENT We have heard Mr.J.Narayanasamy, learned Senior StandingCounsel appearing for the appellant – Revenue and Mr.QuadirHoseyn, 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 18.11.2011 made in ITA.Nos.1734 to 1738/Mds/2010 on thefile of the Income Tax Appellate Tribunal, Chennai 'B' Benchrespectively for the assessment years from 2000-01 to 2004-05. https://hcservices.ecourts.gov.in/hcservices/ 3. The appeals were admitted on 01.10.2012 on the followingsubstantial questions of law : “i. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in annulling theassessment holding that the notice issuedunder Section 153C of the Income Tax Act wasinvalid in law as the words 'satisfaction'was not used in the notices ? ii. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in holding that theAssessing Officer has not recorded requisitesatisfaction under Section 153 before issueof notice and therefore, the assessment wasbad in law ? iii. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in holding, as mentionedin preceding question, when the AssessingOfficer of the person, in whose case, thesearch was conducted and the person, towhom, the notice under Section 153C wasissued, was one and the same ? Andiv. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in confirming the orderof the CIT(A) in condoning the delay of 3years 9 months and 26 days without passing aspeaking and reasoned order for condoningexorbitant delay?” 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 threshold https://hcservices.ecourts.gov.in/hcservices/ limit 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. Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2.The Commissioner of Income Tax Appeals VI,121,Mahathma GandhiRoad , chennai 34 3.The Assisstant Commissioner of Income tax,Chennai 34 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 threshold https://hcservices.ecourts.gov.in/hcservices/ limit 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. Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2.The Commissioner of Income Tax Appeals VI,121,Mahathma GandhiRoad , chennai 34 3.The Assisstant Commissioner of Income tax,Chennai 34 +1cc to Mr.Quadir Hoseyn , Advocate SR.No. 72239 +1cc to Mr.T.R.Senthil kumar , Advocate SR.No. 71736 TCA.Nos.219 to 223 of 2012 ad(CO) A.SK(27/11/2019)