The Commissioner Of Income Tax Chennai v. Dr.vamsic Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.11.2018 Tax Case Appeal No.323 of 2009 The Commissioner of Income Tax Chennai. ..Appellant/Respondent Vs. Dr.Vamsic Mohan..Respondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'A' Bench, Chennai, dated 8.7.2008 made in IT(SS) No.41/Mds/2007 against the Commissioner of Income Tax(Appeals)XII, Chennai 34 in I.T.A. No. 323/05-06 dated12.10.2006 in G.I. No./PA No.AAAPV6188N.For Appellant : Ms.Premalatha for Mr.M.Swaminathan This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Madras 'A' Bench, Chennai, dated8.7.2008 made in IT (SS) No.41/Mds/2007, by raising thefollowing substantial questions of law: "(i) Whether, on the facts and circumstances ofthe case, the Income Tax Appellate Tribunal wasright in holding that the block assessment made wasillegal and beyond the jurisdiction since the noticeissued under section 143(2) of the Income Tax Act,was given after the expiry of twelve months periodfrom the end of the month in which the block returnwas filed? https://hcservices.ecourts.gov.in/hcservices/ (ii) Whether the assessment made is bad as it isonly methodology or procedural requirementsmentioned in section 158BC(6) of the Act, which areapplied to search cases and also in the light ofsection 292B of the Act?" 2. When the matter is taken up for admission, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.3/2018 dated 11.7.2018 wherein it is stipulated that appealsshall not be filed/pursued by the Department before the HighCourt in cases where the tax effect does not exceed Rs.50 lakhs. 3. In the instant case, the tax effect is less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial questions of law fordetermination in an appropriate case. s/d- Assistant Registrar(CS VIII) True Copy ssk. Sub-Assistant Registrar To 1. The Income Tax Appellate Tribunal Madras “A” Bench, Chennai. 2. The Commissioner of Income Tax (Appeals)XII Chennai 34. 3. The Assistant Commissioner of Income Tax Circle XV, Chennai 34. +1 CC to Mrs.S. Premalatha, Advocate sr 81249. +1 CC to Mr.V.B. Jayakumar, Advocate sr 81598. TCA No.323 of 2009 RJI(CO)SP(04/01/2019)