The Commissioner Of Income Tax, Circle V, Chennai v. Shri.vijayakumar Gaubar

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.8.2019 The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.982 of 2010 The Commissioner of Income Tax, Circle V, Chennai ...Appellant VsShri.Vijayakumar Gaubar...Respondent APPEAL under Section 260A of the Income Tax Act, 1961againsttheorderdated09.4.2010madeinITA.No.1405/Mds/2009 on the file of the Income TaxAppellate Tribunal, Chennai 'D' Bench for the assessmentyear 2003-04 and against the order of the Commissioner ofIncome tax (Appeals)-VIII, chennai dated 25.06.2019 made inITA.No 71/08-09 for the Assessment year 2003-2004. and Against the order of the Assistant Commissioner ofIncome Tax Business Range V, chennai 34 dated 24.12.2008r/w sec 143(3) r/w sec 263. For Appellant: Mrs.R.Hemalatha, SSCRespondent : served and no appearance Judgment was delivered by T.S.Sivagnanam,J We have heard Mrs.R.Hemalatha, learned Senior StandingCounsel appearing for the appellant – Revenue. 2. This appeal, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 is directed against the orderdated 09.4.2010 made in ITA.No. 1405/Mds/2009 on the fileof the Income Tax Appellate Tribunal, Chennai 'D' Bench forthe assessment year 2003-04. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenueon account of the low tax effect in terms of CircularNo.17/2019 dated 08.8.2019 issued by the Central Board ofDirect Taxes. By the said Circular, the monetary limit forfiling or pursuing an appeal before the High Court has beenincreased to Rs.1 Crore. It is further submitted that thetax effect in this case is less than the threshold limit. 5. In the light of the said submissions, the above taxcase appeal is dismissed on account of the low tax effect.The substantial question of law framed is left open. In theevent the tax effect is above the threshold limit fixed inthe said circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeal to beheard and decided on merits. https://hcservices.ecourts.gov.in/hcservices/