The Commissioner Of Income Tax, Chennai v. Shri Mansoor Sahib Bazir Ali

In the High Court of Judicature at MadrasDated : 27.08.2019 The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.246 of 2015 The Commissioner of Income Tax,Chennai....Appellant / RespondentVsShri Mansoor Sahib Bazir Ali...Respondent / Appellant APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 12.05.2014 made in ITA.No.1997/MDS/2013 on thefile of the Income Tax Appellate Tribunal, Chennai 'D' Bench forthe assessment year 2009-10, and against the Order of theCommissioner of Income Tax (Appeals-V), Chennai - 34 dated01/08/2013 made in ITA No.41/12-13 A-V, against the Order of theJoint Commissioner of Income Tax, Business Range - III, Chennai-34, dated 29/10/2012 made in PAN No. for theAssessment year 2009-10, and against the Order of the Income TaxOffice Bus Ward III(2), Chennai-34 dated 26.09.2011 in PANNo.AHGPB3732P.For Appellant: Mr.M.Swaminathan, SSC and Ms.V.Pushpa, SCFor Respondent : Mr.R.Venkatanarayanan for M/s.Subbaraya Aiyar Padmanabhan JUDGMENT(Judgment was delivered by T.S.Sivagnanam,J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel, and Ms.V.Pushpa, learned Standing Counsel appearing fortheappellant/revenueandMr.R.VenkatanarayananforM/s.Subbaraya Aiyar Padmanabhan, learned counsel appearing forthe respondent/assessee. 2.This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated12.05.2014 made in ITA.No.1997/MDS/2013 on the file of theIncome Tax Appellate Tribunal, Chennai 'D' Bench for theassessment year 2009-10. https://hcservices.ecourts.gov.in/hcservices/ 3.The appeal was admitted on 14.07.2015 on the followingsubstantial question of law : “Whether on the facts and in the circumstances of the case, the AppellateTribunal was right in deleting the penaltylevied under Section 271D of the Income Tax Act,1961?" 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// cse Sub Assistant Registrar To 1)The Income Tax Appellate Tribunal, Chennai 'D' Bench. 2)The Commissioner of Income Tax (Appeals-V), Chennai - 34 3)The Joint Commissioner of Income Tax, Business Range - III, Chennai -34. +1 cc to M/s.Subbaraya Aiyar Padmanabhan, Advocate, S.R.No.73640 +1 cc to M/s.M.Swaminathan, Advocate, S.R.No.73567 VG-I(CO)SSM(05/11/2019) TCA.No.246 of 2015 https://hcservices.ecourts.gov.in/hcservices/