The Commissioner Of Income Tax, Chennai v. Shri.p.damodaran

In the High Court of Judicature at Madras Dated : 19.8.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.1091 to 1094 of 2010 The Commissioner of Income Tax, Chennai ...Appellant inall the TCAs Vs Shri.P.Damodaran ...Respondent inTCA.Nos.1091 to 1093/2010...Respondent inTCA.No.1094/2010 Smt.Padma Damodaran...Respondent inTCA.No.1094/2010APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 02.1.2009 made in ITA.Nos.723 to725/Mds/2008 respectively for the assessment years 2001-02 to2003-04 as well as ITA.No. 726/Mds/2008 for the assessment year2002-03 on the file of the Income Tax Appellate Tribunal,Chennai 'D' Bench. Against the Appellate Order of the commissioner of Income Tax(Appeals)-V, Chennai dated 28.12.2007 and made in ITA.Nos. 213,214, 215, & 217/2006-07 for the Assessment Year 2000-01, 2002-03, 2003-04 and 2002-03 and against the Assessment Order of the Income Tax Officer,Company Ward VI (1), Chennai dated 21.03.2006 and made inPAN/GIR No. ADSPD 3681R/WSI 63 P1 for the Assessment Year 2000-01 2002-03 & 2003-04; and dated 16.03.2006 and made in PAN/GIRNo. / WSI63-P2 for the Assessment Year 2002-03. For Appellant: Mr.T.R.Senthilkumar, SSC assisted byin all T.C.AsMs.K.G.Usharani, SCFor Respondents:Mr.G.Baskar in all T.C.As https://hcservices.ecourts.gov.in/hcservices/ (Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue and Mr.G.Baskar, learnedcounsel appearing for the respondents. 2. These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 02.1.2009 made in ITA.Nos.723 to 725/Mds/2008 respectivelyfor the assessment years 2001-02 to 2003-04 as well asITA.No.726/Mds/2008 for the assessment year 2002-03 on the fileof the Income Tax Appellate Tribunal, Chennai 'D' Bench. 3. The appeals were admitted on 14.3.2001 on the followingsubstantial questions of law : 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeals are 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. Itis further submitted that the tax effect in the respective casesis less than the threshold limit. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect in the respective cases is above the threshold https://hcservices.ecourts.gov.in/hcservices/ limit fixed in the said circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. Sd/-Assistant Registrar (CCC)//True Copy// Sub Assistant Registrar RS To1.The Income Tax Appellate Tribunal, Chennai 'D' Bench.2.The Commissioner of Income Tax, Chennai.3.The Commissioner of Income Tax, (Appeals)-V, Chennai.4.The Income Tax Officer, Company Ward VI (1), Chennai.TCA.Nos.1091 to 1094 of 2010 PA(CO)GN(15/10/2019)