The Commissioner Of Income Tax, Central Circle, Chennai v. Wilson Regeena

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.918 and 919 of 2013 The Commissioner of Income Tax,Central Circle, Chennai ...Appellant in both TCAsVsWilson Regeena...Respondent inTCA.918/2013Maria Zeena...Respondent inTCA.919/2013 APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 22.4.2013 made in ITA.Nos.90 &92/Mds/2013 on the file of the Income Tax Appellate Tribunal,Chennai 'B' Bench for the assessment year 2009-10. Appeal filedagainst the Order of the Commissioner of Income Tax (Appeals)-I,46, Mahatma Gandhi Road, Nungambakkam, Chennai-34 in ITANo.127/11-12 and ITA No.128/11-12 dated 22.10.2012 in PANNO. and PAN NO. for the Assessment year2009-2010 and against the order of the Assistant Commissioner ofIncome Tax, Central circle-I(3), Chennai-600034 dated 22.12.2011in PAN NO. and respectively for theAssessment year 2009-2010. For Appellant : Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondents: Mr.R.Natarajan COMMON JUDGMENT(Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue and Mr.R.Natarajan,learned counsel appearing for the respondents – assessees. https://hcservices.ecourts.gov.in/hcservices/ 2. These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 22.4.2013 made in ITA.Nos.90 & 92/Mds/2013 on the file ofthe Income Tax Appellate Tribunal, Chennai 'B' Bench for theassessment year 2009-10. 3. The appeals were admitted on 12.2.2014 on the followingsubstantial questions of law : “Common Questions in TCA.Nos.918 & 919 of2013 : i. Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in deleting theadditions made by the Assessing Officer whenthe assessee has not proved the nexusbetween the amount received by the assesseeand the withdrawal of the assessee father ofRs.1.43 Crores ?ii. Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in deleting theaddition cash deposit of Rs.18,00,000/-(TCA.No. 918 of 2013) and Rs.27,30,000/-(TCA.No.919 of 2013) respectively when theassessee has not proved the source for thedeposits? Additional Questions in TCA.No.918 of2013 :iii. Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in deleting theaddition of foreign tour expenses ofRs.10,00,000/- incurred by the assessee whenthe assessee has not proved the source forthe payment ?iv. Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in deleting theaddition of credit card expenses ofRs.21,87,000/- when the assessee has notproved the source for the payment ? andAdditional Question TCA.No.919 of 2013 :Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in deleting theaddition of Rs.58,60,000/- and Rs.2,93,015/-when the assessee has not proved the sourcefor the purchase of property?” 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. 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 RegistrarTo1. The Income Tax Appellate Tribunal, Chennai 'B' Bench.2. The Commissioner of Income Tax Appeals-I, 46, Mahatma Gandhi Road, Nungambakkam, Chennai-34.3. The Assistant Commissioner of Income Tax, Central circle I(3), Chennai-34.+1cc to M/s.R.Natarajan, Advocate in SR.NO..71881+1cc to M/s.T.R.Senthil kumar, Advocate, S.R.No.71733TCA.Nos.918 & 919 of 2013 BP(CO)RV(09/12/2020)