The Commissioner Of Income Tax, Circle Xv, Chennai v. M/S.apex Agencies, Pottipatti Plaza, Ii Floor, New

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 19.02.2021 THE HON'BLE MR.JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.Nos.1358 to 1360 of 2010 The Commissioner of Income Tax,Circle XV, Chennai.... Appellant in all 3 TCAsVs. M/s.Apex Agencies,Pottipatti Plaza, II Floor,New No.77, Nungambakkam High Road,Chennai – 600 034.... Respondent in all 3 TCAs Appeals preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "A" Bench, dated 19.01.2010 in I.TA.Nos.1522 to1524/Mds/2007, Assessment Year 2000-01, 2001-02 & 2003-04,Appeal filed against the order of the Commissioner of Income Tax(Appeals) III, 121, Mahatma Gandhi Road, Chennai -34, dated31/01/2007ITA.Nos.108,109&110/06-07,G.I.No./PAN.No. , for the Assessment year, 2000-01, 2001-02,2003-04, respectively and against the order of the AssistantCommissioner of Income Tax Circle -XV, Chennai, dated31/03/2006,GIK.No.PAN.No.AAIFA0542MDistrict/Ward/Circle,Circle XV, Chennai status firm, for the assessment year 2003-04,2001-02, 2000-01, respectively.For Appellant : Mr.T.Ravi Kumar(in all 3 TCAs) Senior Standing CounselFor Respondent: Mr.M.Kaushik(in all 3 TCAs) COMMONJUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.T.Ravi Kumar, learned Senior StandingCounsel for the appellant/Revenue and Mr.M.Kaushik, learnedcounsel for the respondent/assessee. 2.The appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) are directedagainst the order dated 19.01.2010 made in I.TA.Nos.1522 to1524/Mds/2007 on the file of the Income Tax Appellate Tribunal,Chennai, "A" Bench (for brevity, the Tribunal) for theAssessment Years 2000-01, 2001-02 & 2003-04. https://hcservices.ecourts.gov.in/hcservices/ 3.The appeals were admitted on 11.09.2012 on the followingsubstantial questions of law: “1)Whether on the facts and circumstances ofthe case, the Tribunal was right in deciding thatre-assessment under Section 147 in all thesethree years is barred by limitation when the re-assessment order was pased within the prescribedtime limit on 31.03.2005? 2)Whether on the facts and circumstances ofthe case, the Tribunal was right in deciding theissues contrary to the law laid down in 25 ITR 79(Mad), 219 ITR 214 (SC) and Chennai BenchDecision in ITA.No.2323/Mds/03 dated 28.12.2006?” 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 08.08.2019 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 these cases areless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect. The substantial questions of law framed are left open.In the event the tax effect in these cases is above thethreshold limit fixed in the said Circular, liberty isgranted to the Revenue to make a mention to this Court torestore the appeals to be heard and decided on merits. No costs.Sd/-Assistant Registrar (CS.VI)/True Copy/ https://hcservices.ecourts.gov.in/hcservices/