The Commissioner Of Income Tax Central Iii v. M/S.vel Shri R.rangarajan,Dr.sagunthala Rangarajan Educationalacademy, Old

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.06.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) Nos.477, 478, 480 and 481 of 2012 The Commissioner of Income Tax Central III, 121, M.G.Road, Chennai. ... Appellant in all appeals Vs. M/s.Vel Shri R.Rangarajan,Dr.Sagunthala Rangarajan EducationalAcademy, Old No.24, New No.38ABM Avenue, Chennai - 600 028 .. Respondent in all appeals Tax Case Appeals filed under Section 260A of the IncomeTax Act, 1961 against the common order of the Income TaxAppellate Tribunal 'C' Bench, Chennai dated 07.06.2012 inITA Nos.1933, 1934, 1936 and 1937/Mds/2012, against theorder of the commissioner of income tax(Appeals-II)Chennai, 46, Mahatma gandhi salai, Nungambakam, Chennai-34,dated 23/08/2011 made in I.T.A.No.328 to 331/10-11, andI.T.A.No.32710-11, P.A.No.AAATV4165B for the Assessmentyear 2005-06, 2006-07, 2007-08, 2008-09 and 2004-05, andagainst the order of the Assistant Commissioner of Income,CentralCircleIII(3),Chennai-34,dt.31-12-2010,PAN. , Ward Central Circle III, (3) Chennai-34,for the Assessment year 2004-2005, 2005-2006, 2006-2007,2007-2008, 2008-2009, T.C.A.No.477,478,480 and 481/2012. For Appellant :Mr.M.Swaminathan, Senior Standing Counsel For Respondent : Mr.R.Sivaraman J U D G M E N T (Judgment of the Court was delivered by DR.VINEETKOTHARI,J) These Tax Case Appeals have been filed by the Revenuecalling in question the correctness of the order passed bythe Income Tax Appellate Tribunal, 'C' Bench, Chennai, byraising the following substantial questions of law: “a. Whether on the facts and circumstances of thecase, the Income Tax Appellate Tribunal was rightin deleting the addition made by the AssessingOfficer towards interest when the assessee hasnot proved before the assessing officer that thefunds advanced to trustees were out of surplusfunds and not out of borrowed funds? b. Insofar as other grounds raised are concerned,learned Standing Counsel appearing for therevenue fairly submitted that the issues arecovered against the revenue and the same isrecorded?" 2. When the matter was taken up for hearing, thelearned Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxesvide Circular No.17/2019 dated 8th August 2019, wherein, itis stipulated that appeals shall not be filed/pursued bythe Department before the High Court in cases where the taxeffect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In the instant cases, the tax effect is said to beless than the monetary limit imposed and therefore, theappeals filed by the Revenue are dismissed as not pressed,keeping open the substantial questions of law fordetermination in an appropriate case. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To 1.Income Tax Appellate Tribunal'C' Bench,Chennai. https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner of Income Tax(Appeals-II)Chennai-46, Mahatma Gandhi Salai,Nungambakka, Chennai-34.Chennai-46, Mahatma Gandhi Salai,Nungambakka, Chennai-34. 3.The Assistant Commissioner of Income Tax,Central Circle III, (3)Chennai-34.Central Circle III, (3)Chennai-34. 4.The Commissioner of Income Tax,Central III, 121, M.G.Road,Chennai-34.Central III, 121, M.G.Road,Chennai-34. 5.The Assistant Registrar,Income Tax Appellate Tribunal,Rajaji Bhavan, Besant Nagar,Chennai.Income Tax Appellate Tribunal,Rajaji Bhavan, Besant Nagar,Chennai. T.C.(A) Nos.477, 478, 480and 481 of 2012 AD(CO)CB(03/08/2020)