The Commissioner Of Income Tax, Chennai v. Dr.madan Mohan Reddy

In the High Court of Judicature at Madras Dated : 19.8.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.1283 to 1287 of 2010 The Commissioner of Income Tax, Chennai ...Appellant in all casesVsDr.Madan Mohan Reddy ...Respondent in all cases APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 02.7.2010 made in ITA.Nos.132 to136/Chny/2010 on the file of the Income Tax Appellate Tribunal,Chennai 'B' Bench respectively for the assessment years from2001-02 to 2005-06 against the order dated 24.11.2009 made inI.T.A. Nos. 16/520/2009-2010 on the file of the Commissioner ofIncome Tax (Appeals) VI, Chennai for the assessment year 2001-2002 to 2005-2006. against the order dated 18.12.2008 made in P.A/G.I. No.AGQPM8435K on the file of the Deputy Commissioner of Income TaxCircle 1, Chennai for the assessment year 2001-2002 to 2005-2006.For Appellant: Mr.Karthik Ranganathan, Senior Standing Counsel assisted by Mr.S.Rajesh, Standing Counsel For Respondent:Mr.R.JanakiramanCOMMON JUDGMENT(Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.Karthik Ranganathan, learned Senior StandingCounsel assisted by Mr.S.Rajesh, learned Standing Counselappearing for the appellant – Revenue and Mr.R.Janakiraman,learned counsel for the respondent – assessee. 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 02.7.2010 made in ITA.Nos.132 to 136/Chny/2010 on the fileof the Income Tax Appellate Tribunal, Chennai 'B' Benchrespectively for the assessment years from 2001-02 to 2005-06. 3. The appeals were admitted on 14.2.2011 on the followingsubstantial questions of law : “i. Whether, on the facts andcircumstances of the case, the Tribunal wasright in deleting the levy of penalty underSection 27(c) for all the assessment yearswithout giving any findings? andii. Whether, on the facts andcircumstances of the case, the Tribunal wasright in deleting the levy of penalty forall the assessment years contrary to the lawlaid down in 30 ITR 565 and 52 ITR 591?” 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. -s/d- Assistant Registrar(CS-I) True Copy To1.The Income Tax Appellate Tribunal, Chennai 'B' BenchChennai1.The Income Tax Appellate Tribunal, Chennai 'B' BenchChennai https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner of Income Tax (Appeals)VI,121, Mahathma Gandhi RoadChennai 34.121, Mahathma Gandhi RoadChennai 34. 3.The Deputy Commissioner of Income Tax Circle 1Chennai.Chennai. TCA.Nos.1283 to 1287of 2010 RSV(CO)SP(03/10/2019)