The Commissioner Of Income Tax, Chennai v. M/S.gita Wind Energy

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2020 CORAM THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM&THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN The Commissioner of Income Tax,Chennai. ... AppellantVs. M/s.Gita Wind Energy4/7, Thiru Vi Ka RoadMylapore, Chennai - 600 004.PAN : ... Respondent Tax Case Appeal is filed under Section 260A of the IncomeTax Act 1961 against the order dated 30.11.2017 made inI.T.A.No.750/Mds/2017 on the file of the Income Tax AppellateTribunal, Madras “D” Bench, Chennai, for the assessment year2011 – 12 against the order of the Commissioner of Income Tax(Appeals)-2 Chennai dated 13.01.2010 and made in ITA 106 &11/CIT(A)-2/2014-15 & 2015-16 and against the order of theIncome Tax Officer, Busines Ward I(2) Chennai dated 26.03.2014for the assessment year 2011-12 and the order of Income TaxOfficer, Non-Corporate Ward 1(2), Chennai. For Appellant: Mrs.R.Hemalatha Senior Standing Counsel For Respondent: Mr.A.S.Sriraman For Mr.S.Sridhar Judgment(Judgment was delivered by T.S.SIVAGNANAM.J) We have heard Mrs.R.Hemalatha, learned Senior StandingCounsel for the appellant and Mr.A.S.Sriraman, learned counselfor the respondent. 2. This appeal, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 is directed against the orderdated 30.11.2017 made in I.T.A.No.750/Mds/2017 on the file ofthe Income Tax Appellate Tribunal, Madras “D” Bench, Chennai,for the assessment year 2011 - 12.https://hcservices.ecourts.gov.in/hcservices/ 3. The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019dated 08.8.2019 issued by the Central Board of Direct Taxes.By the said Circular, the monetary limit for filing orpursuing an appeal before the High Court has been increased toRs.1 Crore. It is further submitted that the tax effect inthis case is less than the threshold limit. 4. In the light of the said submissions, the above taxcase appeal is dismissed on account of the low tax effect. Inthe event the tax effect is above the threshold limit fixed inthe said circular, liberty is granted to the Revenue to make amention to this Court to restore the appeal to be heard anddecided on merits. Sd/-Assistant Registrar(CS-I) //True copy// Sub Assistant Registrar rajaIndex : yes/noInternet : yes/noSpeaking Order/Non-Speaking Order To 1.The Income Tax Appellate Tribunal, “D” Bench, Chennai. 2. The Commissioner of Income Tax, (Appeals)-5, Chennai-34. 3. The Income Tax Officer, Busines Ward I(2), Chennai. Busines Ward I(2), Chennai. 4. The Commissioner of Income Tax (Appeals)-2, Chennai. 5. The Income Tax Officer, Non-Corporate Ward 2(2), Chennai. Non-Corporate Ward 2(2), Chennai. Tax Case Appeal No.776 of 2018