The Commissioner Of Income Tax, Central Circle, Salem v. Shri P.madhurajan (Huf)

In the High Court of Judicature at MadrasDated : 15.6.2020 The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mrs.Justice PUSHPA SATHYANARAYANA The Commissioner of Income Tax, Central Circle, Salem...Appellant/RespondentVsShri P.Madhurajan (HUF),Prop.: Baalaji Process ...Respondent/ Appellant APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 24.6.2011 made in ITA.No.256/Mds/2009 on thefile of the Income Tax Appellate Tribunal, Chennai 'A' Bench forthe assessment year 2002-03. Arising against the order dated02.12.2008 of the Commissioner of Income Tax (Appeals)Salem inITA No.272/06-7 arising against the Assessment order dated 27-12-2006 of Assistant Commissioner of Income Tax, Central Circle,Salem, Assessment year 2002-2003. PANAAFHM7760L. We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainst the order dated 24.6.2011 made in ITA.No.256/Mds/2009 onthe file of the Income Tax Appellate Tribunal, Chennai 'A' Bench(for brevity, the Tribunal) for the assessment year 2002-03. https://hcservices.ecourts.gov.in/hcservices/ right in deleting the addition of Rs.68lakhs made under Section 69 of the IncomeTax Act ? andii. Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in deleting the addition when theassessee has not disclosed the purchase ofthe property in the return of income andtherefore, the Assessing Officer has rightlyadded the same as unaccounted income of theassessee ?” 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 //True Copy// The Income Tax Appellate Tribunal, Chennai 'A' Bench. RSK (CO)RV (03/09/2020)