The Commissioner Of Income Tax, Central Circle Ii(1), Chennai v. Mrs.g.sulochana

In the High Court of Judicature at Madras Dated : 16.8.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.776 of 2010 The Commissioner of Income Tax, Central Circle II(1), Chennai ...Appellant/RespondentVsMrs.G.Sulochana ...Respondent/Appellant APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 29.1.2010 made in IT(SS)A.No.79/Mds/2003 on thefile of the Income Tax Appellate Tribunal, Chennai 'A' Bench forthe block assessment period 1986-87 to 1996-97. Against theorder dated 27-3-2003 and made in PAN/GIR NO.714-S on the fileof the Deputy commissioner of Income Tax, Central Circle II(1),chennai-34. For Appellant : Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, JSCFor Respondent: No appearance Judgment was delivered by T.S.Sivagnanam,JWe have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Junior StandingCounsel for the appellant – Revenue. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated29.1.2010 made in IT(SS)A.No.79/Mds/2003 on the file of theIncome Tax Appellate Tribunal, Chennai 'A' Bench for the blockassessment period 1986-87 to 1996-97.3. The appeal was admitted on 10.8.2010 on the followingsubstantial questions of law : “i. Whether, on the facts andcircumstances of the case, the Tribunal wasright in fixing its own value contrary to https://hcservices.ecourts.gov.in/hcservices/ the value fixed by the DVO ? ii. Whether, on the facts andcircumstances of the case, the Tribunal wasright in deleting the additions withoutgiving any finding contrary to the findingof the Assessing Officer ? Andiii. Whether, on the facts andcircumstances of the case, the Tribunal wasright in following the order passed by thisHigh Court in TCA.Nos.926 to 928 of 2004dated 20.12.2004 when the Revenue preferredSLP against the order ?” 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 questions of law framed are 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 (CS-VI) //True Copy// Sub Assistant Registrar RSTo 1.The Income Tax Appellate Tribunal, Chennai 'A' Bench. 2.The Deputy Commissioner of Income Tax, Centre Circle-II(1), Chennai-34. +1cc to Mr.T.R.Senthilkumar Advocate, S.R.No.69898 SSD(CO)CB(23/09/2019)