The Commissioner Of Income Tax, Chennai v. Ms.lalitha Devi, Chennai-79

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN The Commissioner of Income Tax, Chennai...Appellant/Respondent VsMs.Lalitha Devi, Chennai-79. ...Respondent/Appellant APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 18.5.2012 made in ITA.No.254/Mds/2012 on thefile of the Income Tax Appellate Tribunal, Chennai 'D' Bench forthe assessment year 2008-09, against the order dated 26.12.2011made in ITA.NO.80/10-11/A-IV on the file of the O/o TheCommissioner of Income Tax(Appeals)IV, Chennai-34, against theorder dated 21/12/2010 for the Assessment year 2008-2009 for thePAN.NO.AAAPL1992N on the file of Assistant Commissioner ofIncome Tax, Business Circle-XI, Chennai-6. We have heard Mr.Karthik Ranganathan, learned Senior StandingCounsel appearing for the appellant – Revenue andMr.R.Sivaraman, learned counsel appearing for the respondent –assessee. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated18.5.2012 made in ITA.No. 254/Mds/2012 on the file of the IncomeTax Appellate Tribunal, Chennai 'D' Bench for the assessmentyear 2008-09. 1/3 3. The appeal was admitted on 19.10.2012 on the followingsubstantial question of law : “Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in holding that the assessee isentitled for exemption under Section 54Fwhen the assessee had not put up anyconstruction within the mandatory period ofthree years citing the grounds of litigationand court order ?” 4. 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. Bythe said Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 Crore.It is further submitted that the tax effect in this case is lessthan the threshold limit. 5. In the light of the said submissions, the above tax caseappeal is dismissed on account of the low tax effect. Thesubstantial question of law framed is left open. In the eventthe tax effect is above the threshold limit fixed in the saidcircular, liberty is granted to the Revenue to make a mention tothis Court to restore the appeal to be heard and decided onmerits. No costs. Sd/- Assistant Registrar(CS IV)//True Copy// To Sub Assistant Registrar 1.The Income Tax Appellate Tribunal, Chennai 'D' Bench. 2.The O/o The Commissioner of Income Tax(Appeals)-IV,121, Mahatma Gandhi Road, Chennai-34. 3.The Assistant Commissioner of Income Tax,Business Circle XI, Chennai-6. 2/3 Copy to: The Section Officer,V.R Section,High Court, Madras TCA.No.311 of 2012 vgi(co)nr 25/10/2019 3/3