The Commissioner Of Income Tax, Chennai v. Shri K.sirajudeen

In the High Court of Judicature at Madras Dated : 02.1.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice N.SATHISH KUMAR Tax Case Appeal No.666 of 2014 The Commissioner of Income Tax, Chennai...Appellant VsShri K.Sirajudeen...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 16.7.2013 in ITA No.788/Mds/2013 on thefile of the Income Tax Appellate Tribunal Madras 'C' Bench forthe assessment year 2009-10.For Appellant : Mr.M.Swaminathan, SSC, Ms.V.Pushpa, JSC & Ms.V.Premalatha, JSCFor Respondent :Mr.R.SivaramanJudgment was delivered by T.S.SIVAGNANAM,J Heard the learned Standing Counsel for the appellant. 2. This appeal by the Revenue challenges the order passedby the Income Tax Appellate Tribunal, which decided the issue infavour of the assessee. The appeal was admitted on 03.12.2014 onthe following substantial questions of law : “i. Whether, under the facts andcircumstances of the case, the Income TaxAppellate Tribunal was correct in holdingthat the addition made by the AssessingOfficer to the income of the assessee inrespect of foreign remittances shown by theassessee as gifts is not justified ? Andii. Whether the Tribunal erred in notconsidering the plea of the Revenue that theingredients of Section 68 get attracted to https://hcservices.ecourts.gov.in/hcservices/ the facts of the present case, as theassessee has not discharged the onus asrequired under Section 68 of the Income TaxAct ?” 3. The Revenue seeks to withdraw the appeal on account oflow tax effect in terms of Circular No.3 of 2018 dated 11.7.2018issued by the Central Board of Direct Taxes. 4. In the light of the above, the appeal is dismissed aswithdrawn and the substantial questions of law framed are leftopen. In the event, the tax effect is above the threshold limitfixed in the said circular under exceptional clauses mentionedin the circular, liberty is granted to the Revenue to make amention to this Court to restore the appeal to be heard anddecided on merits. No costs. Sd/-Assistant Registrar //True Copy// RSTo Sub Assistant Registrar 1.The Income Tax Appellate Tribunal, Madras 'C' Bench. 2.The Commissioner of Income Tax, Chennai. 3.The Section Officer, VR Section, High Court, Madras. +1cc to Mr.M.Swaminathan, Advocate, S.R.No.75 TCA.No.666 of 2014SPD(CO)GN(25/02/2019)