The Commissioner Of Income Tax, Chennai v. M/S.avt Mc Cormick Ingredients Ltd., Chennai-8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.8.2019 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYANTax Case Appeal Nos.752 to 754 of 2016& CMP.Nos.16288 & 16289 of 2016 The Commissioner of Income Tax, Chennai...Appellant in all the Appeals VsM/s.AVT MC Cormick IngredientsLtd., Chennai-8....Respondent in all the Appeals APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 19.2.2016 made inITA.Nos.2167 to 2169/Mds/2013 on the file of the Income TaxAppellate Tribunal, Chennai 'D' Bench respectively for theassessment years 2004-05, 2005-06 and 2008-09 Against theorder dated 27.09.2013 made in ITA.NOs.17&18/2009-2010-I/ITA NO./11-12 A -I passed by the commisioner of IncomeTax (Appeals) I,Chennai and against the order dated20.12.2006, 28.11.2008 and 06.01.2011 passed by theAssistant Commisioner of Income Tax,Company Circle I(1)chennai, Deputy Commisioner of Income Tax,Company Circle I(1), chennai and Joint commisioner of Income Tax (OSD)Company circle I (1) Chennai respectively and (i) againstthe order dated 07.12.2006 made in CR.NO.42/TPO I (AY 2004-05 Passed by the Additonal Commisioner of IncomeTax,Transfer Pricing officer I,chenni(ii) Against the orderdated 13.06.2008 made F.NO. 104/TPO I AY 2005-06 passed bythe Joint Commisioner of Income Tax ,Transfer Pricingoffficer I,Chennai (iii) against the order dated 10.10.2011made in .NO.104/TPO I AY 2008-09 Passed by the JointCommisioner of Income Tax,Transfer Pricing officer I,chennirespectively for the Assesment Year 2004-2005, 2005-06&2008-2009. For Appellant:Mr.T.Ravikumar, SSC andMrs.R.Hemalatha, SSCFor Respondent:Mr.R.Sivaraman COMMON JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J)We have heard Mr.T.Ravikumar and Mrs.R.Hemalatha,learned Senior Standing Counsel appearing for the appellant– Revenue and Mr.R. Sivaraman, learned counsel appearingfor the respondent – assessee. 2. These appeals, filed by the Revenue under Section260A of the Income Tax Act, 1961, are directed against thecommon order dated 19.2.2016 made in ITA.Nos.2167 to2169/Mds/2013 on the file of the Income Tax AppellateTribunal, Chennai 'D' Bench respectively for the assessmentyears 2004-05, 2005-06 and 2008-09. 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeals are not pursued by theRevenue on account of the low tax effect in terms ofCircular No.17/2019 dated 08.8.2019 issued by the CentralBoard of Direct Taxes. By the said Circular, the monetarylimit for filing or pursuing an appeal before the HighCourt has been increased to Rs.1 Crore. It is furthersubmitted that the tax effect in the respective cases isless than the threshold limit. 5. In the light of the said submissions, the above taxcase appeals are dismissed on account of the low taxeffect. The substantial questions of law framed are left https://hcservices.ecourts.gov.in/hcservices/ open. In the event the tax effect in the respective casesis above the threshold limit fixed in the said circular,liberty is granted to the Revenue to make a mention to thisCourt to restore the appeals to be heard and decided onmerits. No costs. Consequently, the connected CMPs are alsodismissed. //True Copy// TOTHE INCOME TAX APPELLATE TRIBUNAL, CHENNAI 'D' BENCH. https://hcservices.ecourts.gov.in/hcservices/