The Commissioner Of Income Tax Chennai v. M/S.agri Horticulture Society

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.710 of 2010 The Commissioner of Income TaxChennai.AppellantVs. M/s.Agri Horticulture Society, 31, Cathedral Road, Chennai 86.Respondent 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 31.5.2006 made inITA No.2367/Mds/2003. and against the O/o Commissioner of IncomeTax, (Appeals)-XI, Chennai-34 and made in ITA.No.13 to 17/2003-04 dated 14.10.2007, for the Assessment Year 1995-96, 96-97,97-98, 98-99, 1999-2000 and against the Assistant Director ofIncome Tax(Excemption)-I, Chennai-34 PAN-1662-A/AAAA/T0258N-dated 28.02.2003 for the Assessment Year 1998-99. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For respondent : Mr.A.S.Sriraman for Mr.S.Sridhar This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'A' Bench, Chennai, dated 31.5.2006made in ITA No.2367/Mds/2003, by raising the followingsubstantial question of law: "Whether on the facts and circumstances of the case,the Tribunal was right in not deciding the profitsand gains of the business and the evaluation of https://hcservices.ecourts.gov.in/hcservices/ application of income, for every assessment year toallow exemption?" 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 said to be lessthan the monetary limit imposed and therefore, the appeal filedby the Revenue is dismissed as not pressed, keeping open thesubstantial question of law for determination in an appropriatecase. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrarssk.To1. The Commissioner of Income Tax Chennai.2. Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai3. The Assistant Director of Income Tax, (Exemptions)-I, Chennai-34TCA.No.710 of 2010 RR(CO)CS/07/03/2019