The Commissioner Of Income Tax, Chennai v. Shri.sivaprasada Reddy

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 No.1167 of 2010 The Commissioner of Income Tax, Chennai ...Appellant VsShri.Sivaprasada Reddy...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 02.7.2010 made in ITA.No.516/Chny/2010 on thefile of the Income Tax Appellate Tribunal, Chennai 'B' Bench forthe assessment year 2005-06. against the order of theCommissioner of Income Tax, Chennai-IV Room No.301, New Block,Aayakar Bhavan, 121, Mahatma gandhi Road, Chennai-600 034 dated11/3/10 in C.No.1321(3)/CIT-IV/09-10. PAN/No.ALTPS 8164K, forthe Assessment year 2005-06. and against the order of the Incometax officer media ward III, Chennai 34. address 4c, a Block,Prof.Subramaniam street kilpauk chennai -600 010, dated19/11/07. PAN/GIR no. , for the Assessment year 2005-06respectively. For Appellant: Mr.M.Swaminathan, SSC assisted by Ms.V.Pushpa, SCFor Respondent: Mr.R.Sivaraman Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.M.Swaminathan, learned Senior StandingCounsel, assisted by Ms.V.Pushpa, learned Standing Counselappearing for the appellant – Revenue and Mr.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 dated02.7.2010 made in ITA.No. 516/Chny/2010 on the file of theIncome Tax Appellate Tribunal, Chennai 'B' Bench for the https://hcservices.ecourts.gov.in/hcservices/ assessment year 2005-06. 3. The appeal was admitted on 19.1.2011 on the followingsubstantial questions of law :“i. Whether, on the facts andcircumstances of the case, the Tribunal wasright in quashing the order of revisionpassed by the Commissioner of Income Taxunder Section 263 ?ii. Whether, on the facts andcircumstances of the case, the Tribunal wasright in holding that the assessee isentitled for the deduction of expensestowards prints and publicity ?” 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 questions of law framed are 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 //True Copy// Sub Assistant Registrar To 1.The Assistant Comissioner of Income Tax, Ward III, Chennai. Ward III, Chennai. 2.The Commissioner of Income Tax(Appeals)XII, 121, Mahatmagandhi Road, Nungambakkam, Chennai-34. 3.The Income Tax Appellate Tribunal, Chennai 'B' Bench. Chennai 'B' Bench. 4.The Commissioner of Income Tax(IV) M.G.Road, Chennai-34. +1cc to M/s.M.Swaminathan, Advocate SR.70417 AD(CO)CB(24/10/2019) TCA.No.1167 of 2010