The Commissioner Of Income Tax, Chennai v. Mr.r.venugopal

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice N.SATHISH KUMAR Tax Case Appeal No.497 of 2018 The Commissioner of Income Tax, Chennai ... Appellant/AppellantVs Mr.R.Venugopal ... Respondent/Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 21.11.2016 in ITA No.2426/Mds/2016 onthe file of the Income Tax Appellate Tribunal Madras SMC/'A'Bench for the assessment year 2007-08 and appeal against theorder of the Commissioner of Income Tax (Appeals)-15, dated26.05.2016 in ITA NO.200/CIT(A)-15/2014-15 and against the orderof the Assistant Commissioner of Income Tax Business Circle-V,Chennai dated 26.09.2014 in PAN/GIR: For Appellant : Mr.T.R.Senthilkumar & Ms.K.G.Usharani Judgment was delivered by T.S.SIVAGNANAM,J We have heard the learned Senior Standing Counsel for theappellant. 2. This appeal filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order passed bythe Income Tax Appellate Tribunal, Madras SMC/'A' Bench dated21.11.2016 for the assessment year 2007-08. 3. The appeal filed by the Revenue before the Tribunal wasdismissed on the ground that the tax effect is less than Rs.10lakhs and in terms of the circular issued by the Central Board https://hcservices.ecourts.gov.in/hcservices/ of Direct Taxes in Circular No.21/2015 dated 10.12.2015, suchappeals are to be withdrawn. 4. The learned Senior Standing Counsel for the Revenuesubmits that the Tribunal erred in dismissing the appeal filedby the Revenue without considering the fact that the case of theassessee falls under the exception provided in paragraph 8(c) ofthe said circular dated 10.12.2015. 5. If such is the case of the Revenue, then it is for theRevenue to move the Tribunal by way of an application forrectification. 6. Accordingly, the above tax case appeal is disposed ofgiving liberty to the Revenue to file an appropriate applicationbefore the Tribunal setting out their contentions and theTribunal shall consider such application and take a decision onmerits and in accordance with law after notice to the assessee. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant RegistrarTo1. The Income Tax Appellate Tribunal, Madras SMC/'A' Bench.2. The Commissioner of Income Tax (Appeals)-15, Chennai 34.3. The Assistant Commissioner of Income Tax, Business Circle-V, Chennai. 1. The Income Tax Appellate Tribunal, Madras SMC/'A' Bench. 2. The Commissioner of Income Tax (Appeals)-15, Chennai 34. +1 cc to Mr.T.R.Senthilkumar, Advocate Sr.No.77210 TCA.No.497 of 2018 KK(CO)CSL/30.11.2018