The Commissioner Of Income Tax Chennai v. Mr.s.a.asokan

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.1155 of 2010 The Commissioner of Income TaxChennai...AppellantVs.Mr.S.A.Asokan...Respondent ----- Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal 'D' Bench, Chennai dated 04.06.2010 in ITANo.1072/Mds/09. Against the order dated 17/03/2009 made in ITA.No.559/07-08/A-111 on the file of the Commissioner of Income Tax(Appeals) -III, Chennai for the assessment year 2005-06. Agaisnt the order date 27/12/2007 made in PAN GIRNo.AACPA 7676C on the file of the Assistant Commissioner ofIncome Tax General of Circle I (1) Chennai, for the assessmentyear 2005-06. For Appellant : Mr.T.Ravi Kumar Senior Standing Counsel For Respondent : Mr.G.Bhaskar J U D G M E N T(Judgment of the Court was delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by the Revenuecalling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'D' Bench, Chennai, by raisingthe following substantial questions of law: https://hcservices.ecourts.gov.in/hcservices/ of the case, the Income Tax Appellate Tribunal wasright in allowing the claim of deduction underSection 80IB(10) when no completion certificate isissued to the assessee by the Local Authority? And2.Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal wasright in holding that the assessee has compliedwith the requirements of Section 80IB(10)?” 2. When the matter was taken up for hearing, the learnedStanding Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.17/2019 dated 8th August 2019, wherein, it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the tax effectdoes not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appealfiled by the Revenue is dismissed as not pressed, keeping openthe substantial questions of law for determination in anappropriate case. Sd/-Assistant Registrar (CS-VI)//True Copy// KSTTo Sub Assistant Registrar 1.Income Tax Appellate Tribunal 'D' Bench,Chennai. 'D' Bench,Chennai. 2.The Commissioner of Income Tax (Appeals) III, Chennai. 3.The Assistant Commissioner of Income Tax, Company Circle I (1), Chennai. Company Circle I (1), Chennai. +1cc to Mr.T.Ravi Kumar, Advocate, S.R.No. 14486+1cc to Mr.SriRanjani, Advocate, S.R.No. 14460