The Commissioner Of Income Tax, Circle V, Chennai v. Https://Hcservices.ecourts.gov.in/Hcservices

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.983 of 2010 The Commissioner of Income Tax, Circle V, Chennai ...Appellant/Appellant VsSmt.Uma Maheswari ...Respondent/Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 31.3.2010 made in IT(SS)A.No.5/Mds/10 on thefile of the Income Tax Appellate Tribunal, Chennai 'B' Bench forthe block assessment period 01.4.1989 to 08.12.1999, against theorder dated 27/11/2009 made in ITA No.237/06-07 passed by theCommissioner of Income Tax (Appeals)-II, Chennai-34 against theorder dated 14.09.2006 made in PAN:AAHPu 8697A/Block Assessmentpassed by the Assistant Commissioner of Income Tax, CentralCircle III(2), Chennai-34 for the Assessment Year 01.04.1989 to08.12.1999.For Appellant: Mrs.R.Hemalatha, SSC For Respondent:Mr.Kumar Judgment was delivered by T.S.Sivagnanam,J We have heard Mrs.R.Hemalatha, learned Senior StandingCounsel appearing for the appellant – Revenue and Mr.Kumar,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 dated31.3.2010 made in IT(SS)A.No.5/Mds/10 on the file of the IncomeTax Appellate Tribunal, Chennai 'B' Bench for the blockassessment period 01.4.1989 to 08.12.1999. https://hcservices.ecourts.gov.in/hcservices/ 3. The appeal was admitted on 09.11.2010 on the followingsubstantial question of law : “Whether, on the facts and circumstancesof the case, the Tribunal was right in lawin deleting the penalty levied under Section158BFA(2) of the Income Tax Act?” 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 VI) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench. Chennai 'B' Bench. 2.The Commissioner of Income Tax (Appeals)-II, Chennai-34. Chennai-34. 3.The Assistant Commissioner of Income Tax, Central Circle-III (2), Chennai. Central Circle-III (2), Chennai. +1cc to Mr.T.Ravikumar, Advocate Sr.70065 TCA.No.983 of 2010 NMI[co]srg 27/09/2019