The Commissioner Of Income Tax Chennai v. M/S. Ramsahaimal Sanhuwala & Sons, Charitable Trust

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.12.2021 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVANAND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.652 of 2009 The Commissioner of Income tax Chennai ... Appellant Versus M/s. Ramsahaimal Sanhuwala & Sons, Charitable Trust No.24, Cathedral Garden Road, Nungambakkam, Chennai - 600 034. ... Respondent Appeal preferred under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, “B” Bench Chennai, dated 01.02.2008 inI.TA.No.1383/Mds/2007 against the order of the Commissioner ofIncome Tax (Appeals)-XI, Chennai, dated 09/01/2007 made in ITA19/2006-2007 against the Assistant Director of Income Tax(Exemption)-IV i/c Chennai-34 dated 27/03/2006 made in PAN /GIR No.4635-R Assessment year 1998-99. (Judgment was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant /Revenue, challenging the order dated 01.02.2008 passed by theIncome Tax Appellate Tribunal, Chennai 'B' Bench, inI.T.A.No.1383/Mds/2007, relating to the assessment year 1998-99. 2.By order dated 18.08.2009, this court admitted theaforesaid tax case appeal on the following substantialquestion of law:https://hcservices.ecourts.gov.in/hcservices/ “ Whether on the facts and circumstances of thecase the Tribunal was right in law in holding thatthe income earned from running of Kalyana Mandapamis not a business income and that assessee waseligible for exemption under Section 11 of theIncome Tax Act, 1961?" 3.When the matter was taken up for consideration, thelearned counsel for the appellant / Revenue brought to thenotice of this court the Circular No.17/2019 dated 08.08.2019issued by the Central Board Direct Taxes, wherein, it isstipulated that appeal 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). It isalso submitted that the tax effect in this appeal is less thanthe threshold limit. 4.In the light of the aforesaid submissions made by thelearned counsel for the appellant / Revenue, the presentappeal, wherein, the tax effect is said to be less than themonetary limit imposed, is dismissed as withdrawn, keepingopen the substantial question of law for determination in anappropriate case. No costs. Sd/-Assistant Registrar (CCC) av Sub Assistant Registrar 1.The Income Tax Appellate Tribunal, “B” Bench Chennai, 2.The Commissioner of Income tax, (Appeals) XI, Chennai-34. 3.The Assistant Director of Income Tax, (Exemption)-IV, (i/c) Chennai-34. https://hcservices.ecourts.gov.in/hcservices/