The Commissioner Of Income Tax, Chennai v. Shri P.r.manickam

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. ... Appellant Vs.Shri P.R.Manickam ... Respondent Tax Case Appeal is filed under Section 260A of the IncomeTax Act 1961 against the order dated 07.09.2012 made inM.P.No.116/Mds/2012 in I.T.(SS)A.No.4/Mds/2009 on the file ofthe Income Tax Appellate Tribunal, Madras “C” Bench, Chennai,for the assessment periods 01.04.1985 to 31.03.1995 and01.04.1995 to 29.09.1995. Against the order dated 01.3.2012 made in IT(SS)ANo.04/Mds/2009 on the file of the Income Tax AppellateTribunal “C” Bench, Chennai for the Block Period 01.4.85 to31.3.95 and 01.4.95 to 29.9.95. Against the order dt.31.12.08 made in PAN/GIRNo. / 711-M on the file of the Deputy Commissioner ofIncome Tax, Central Circle 11(1) Chennai for the Block Periods01.4.85 to 31.3.95 & 01.4.95 to 29.9.95. For Appellant : Mrs.R.Hemalatha Senior Standing Counsel We have heard Mrs.R.Hemalatha, learned Senior StandingCounsel for the appellant and Mr.Ashokapathy, accepting noticefor the respondent. 2. This appeal, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 is directed against the orderdated 07.09.2012 made in M.P.No.116/Mds/2012 in I.T.(SS)A.No.4/Mds/2009 on the file of the Income Tax AppellateTribunal, Madras “C” Bench, Chennai, for the assessment period01.04.1985 to 31.03.1995 and 01.04.1995 to 29.09.1995.https://hcservices.ecourts.gov.in/hcservices/ 3. The Tax case appeal was admitted on 17.09.2013 on thefollowing substantial questions of law : “1.Whether on the facts and in thecircumstances of the case, the Income Tax AppellateTribunal was right in holding that Section 158BDproceedings were imitated without recordingnecessary satisfaction which is contrary to benoting in the order sheet dated 16.08.1996 whereinsatisfaction has been recorded by the proper officerat the time of initiating notice under Section158BD?. 2. Whether on the facts and in thecircumstances of the case, the Income Tax AppellateTribunal was right in quashing the assessment andholding that there was no satisfaction which iscontrary to the records? 3. Whether the finding of the Tribunal wasproper especially when the records of the departmentclearly reveals that satisfaction note had been verymuch available in the order sheet dated 16.08.1996?” 4. The matter has been listed under the caption “ForWithdrawal” on account of low tax effect. The learned StandingCounsel does not have any written instructions to the saideffect. Therefore, we verified the case bundle, moreparticularly, the order passed by the Assessing Officer dated31.12.2008, and we find that the Tax liability is below thethreshold limit fixed in the circular dated 08.8.2019 inCircular No.17/2019 issued by the Central Board of DirectTaxes. Therefore, the revenue cannot pursue further. 5. Accordingly, the tax case appeal is dismissed on theground of low tax effect. The substantial questions of law areleft open. Liberty is granted to the appellant to restore theappeal in the event, at a later point of time, it comes tonotice that the case is not covered by the circular. Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, “C” Bench, Chennai. 2.The Deputy Commissioner of Income Tax, Central Circle 11(1) Chennai.Central Circle 11(1) Chennai. Rsv(co)krd 3/9 T.C.A.No.531 of 2013