The Commissioner Of Income Tax, Chennai v. M/S.cavinkare Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.08.2019 CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMANDTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYANTAX CASE APPEAL NOS.322 AND 323 OF 2015 The Commissioner of Income Tax,Chennai. ...Appellant in both the casesVs M/s.Cavinkare Pvt. Ltd.,12, Cenotaph Road,Chennai - 600 018. ...Respondent in both the casesAPPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 22.02.2013 made inITA.Nos.1231 and 1232/Mds/2012 on the file of the IncomeTax Appellate Tribunal, Chennai 'A' Bench for theassessment years 2002-03 and 2003-04, against the order ofthe Commissioner of Income Tax, Chennai-I, 121, MahatmaGandhi Road, Chennai-600 034 C.No.218/(6)/CIT-I/263/2011-12dated 27/03/2012 PAN.NO. for the Assessment year2002-03, and against the order of the AssistantCommissioner of Income Tax, Company Circle-I(3), ChennaiG.I.No/PA.NO.AAACB3754B/CX1-002 Company Circle-I(3) for theAssessment year 2002-03 dated 31/11/06 and against theorder of the Assistant Commissioner of Income Tax, CompanyCircle-I(3), Chennai GI.No.PAN. (X1-002, CompanyCircle-I(3) for the Assessment year 2003-04 dated30.01.2016 respectively. For Appellant: Mr.T.Ravikumar, SSC assisted byMs.R.Hemalatha, SSCFor Respondent:No appearance COMMON JUDGMENT(Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.T.Ravikumar, learned Senior StandingCounsel assisted by Ms.R.Hemalatha, learned StandingCounsel appearing for the appellant – Revenue. https://hcservices.ecourts.gov.in/hcservices/ 2.These appeals, filed by the Revenue under Section 260Aof the Income Tax Act, 1961, are directed against thecommon order dated 22.02.2013 made in ITA.Nos.1231 and1232/Mds/2012 on the file of the Income Tax AppellateTribunal, Chennai 'A' Bench for the assessment years 2002-03 and 2003-04. 3.The appeals were admitted on 22.07.2015 on thefollowing substantial question of law : “Whether the Tribunal was justified insetting aside the order passed underSection 263 of the Income Tax Act?” 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 question of law framed is leftopen. 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. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'A' Bench. 2.The Commissioner of Income Tax, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3.The Assistant Commissioner of Income Tax, Chennai. +1cc to Mr.T.Ravikumar, Advocate sr.73376 TCA.Nos.322 and 323 of 2015 ad(co)nr 23/10/2019