The Commissioner Of Income Tax Business Range – Iii, Chennai v. Shri.b.k.bhasin A

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.11.2018 CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.407 of 2009 The Commissioner of Income Tax Business Range – III, Chennai. .... Appellant/AppellantVs. Shri.B.K.BhasinA-31, Asian Towers,23[rd] Street, Ashok Nagar, Chennai – 600 083. .... Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'A' Bench, Chennai, dated 28.08.2008 made in IT(SS)A No.140/Mds/2007 for the block period ending 19.01.2001,against the order dated 06/06/2007 in Appeal No.CIT(A)/CHE/09/07-08 by the Commissioner of Income Tax (Appeals)-II,chennai-34 and against the order dated 19/01/01 inPA.NO./G.I.NO. 34706-B by the Deputy Commissioner of Income Tax,CC-III(4), Chennai-600 034. For Appellant : Ms.Premalatha for Mr.M.Swaminathan For Respondent : No appearance J U D G M E N T (Delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Madras 'A' Bench, Chennai, dated28.08.2008 made in IT(SS)A No.140/Mds/2007 for the block periodending 19.01.2001 by raising the following substantial questionsof law: "(i) Whether on the facts and in thecircumstances of the case, the Tribunal is right infinding that the AO has failed to demonstrate that https://hcservices.ecourts.gov.in/hcservices/ the order under section 158BC dated 30.03.2003suffered from a mistake which was apparent fromrecord? (ii) Whether on the facts and circumstances ofthe case, the Tribunal is right in deleting theaddition of Rs.61,74,395/- to the undisclosed incomein the order made under section 154 of the I.T. Act? (iii) Whether on the facts and circumstances ofthe case, the Tribunal is right in not consideringthat the AO did was only a rectification of a simplemistake in terms of section 158 B(1)(c)(A)?" 2. When the matter is taken up for admission, the learnedSenior Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.3/2018 dated 11.7.2018 wherein it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceed Rs.50lakhs. 3. In the instant case, the tax effect is less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial question of law fordetermination in an appropriate case. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai. 2.The Commissioner of Income Tax, Appeal II,46, Mahatma Gandhi Salai, Nungambakkam, Chennai-34. 3.The Deputy Commissioner of Income Tax,Central Circle III(4),Chennai-600 034. +1cc to Ms.Premalatha, Advocate sr.no.81248 sj(co)nr 21/12/2018 https://hcservices.ecourts.gov.in/hcservices/