The Commissioner Of Income Tax Circle V Chennai v. Ramaniyam Ganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.12.2018 CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.1251 of 2010 The Commissioner of Income TaxCircle VChennai...AppellantVs. Ramaniyam Ganesh ..Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai 'D' Bench, dated 27.11.2009 made in ITANo.1214/Mad/08, against the order of the Commissioner of IncomeTax (Appeals-VIII, Chennai dated 05.03.2008 and made inITA.No.310/2007-2008 for the Assessment Year 2005-2006, againstthe order of the Assistant Commissioner of Income tax, BusinessCircle IV, Chennai dated 31.12.2007 and made in PAN/GIRNo. for the Assessment year 2005-2006. For Appellant : Mr.T.Ravi Kumar Senior Standing Counsel For Respondent : Mr.S.Sridhar J U D G M E N T(Delivered by Dr.Vineet Kothari,J) This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Chennai 'D' Bench, dated 27.11.2009 inITA No.1214/Mad/08, by raising the following substantialquestions of law: "(i) Whether on the facts and circumstances ofthe case, the Tribunal was right in not consideringthe material fact that the housing project as perthe sanctioned plan only for 94.68 cents and not on https://hcservices.ecourts.gov.in/hcservices/ 106.68 cents? and(ii) Whether on the facts and circumstances ofthe case, the Tribunal was right in not followingthe mandatory provision contemplated under Section80 IB(10) which requires project completioncertificate?" 2. When the matter is taken up for hearing, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.3/2018 dated 11.7.2018 wherein it is stipulated that appealsshall not be filed/pursued by the Department before the HighCourt in cases where the tax effect does not exceed Rs.50 lakhs. 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appeal filedby the Revenue is dismissed as not pressed, keeping open thesubstantial questions of law for determination in an appropriatecase. Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar kpl To 1. The Commissioner of Income Tax, circle V, Chennai. 2. The Income Tax Appellate Tribunal 'D' Bench, Chennai. 3. The Commissioner of Income Tax (Appeals) VIII, Chennai. 4. The Assistant Commissioner of Income Tax, Busines, Circle IV, Chennai. +1cc to Mr.T.Ravi Kumar, Advocate SR.No.83292 +1cc to Mr.S.Sridhar, Advocate SR.No.84129 SV(CO)GMY(19/02/2019)