The Commissioner Of Income Tax, Coimbatore v. M/S.s.r.s.fabrics, Coimbatore-1

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 Nos.12 & 13 of 2016 The Commissioner of Income Tax,Coimbatore ...Appellant (Both case) VsM/s.S.R.S.Fabrics, Coimbatore-1. ...Respondent (Both case) APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 22.5.2015 made in ITA.Nos.1973and 2259/Mds/2014 on the file of the Income Tax AppellateTribunal, Chennai 'B' Bench for the assessment year 2010-11. against the order of the Commissioner of Income Tax (Appeals) –I, Coimbatore in ITA.No. 16/13-14 dated 27/06/2014 against theorder of Assessment order made under section 143 (3) for theassessment year 2010-11 dated 18/03/2013. For Appellant: Mr.T.R.Senthilkumar, SSC assisted byMs.K.G.Usharani, SC (Both case) Respondent : served and no appearance (Both case) We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue. 2. These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 22.5.2015 made in ITA.Nos.1973 and 2259/Mds/2014 on the https://hcservices.ecourts.gov.in/hcservices/ file of the Income Tax Appellate Tribunal, Chennai 'B' Bench forthe assessment year 2010-11. 3. The appeals were admitted on 20.1.2016 on the followingsubstantial question of law :“Whether on the facts and in thecircumstances of the case, the Tribunal wasright in remanding the case to the AssessingOfficer to verify that Section 40(a)(ia) isapplicable only on those amounts 'payable'and not those amounts 'paid' during the yearwithout deducting tax at source ?” 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 08.8.2019 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 the respectivecases is less than the threshold limit. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial question of law framed is left open. In the eventthe tax effect in the respective cases is above the thresholdlimit fixed in the said circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.2.The Commissioner of Income Tax (Appeals) -I, Coimbatore. https://hcservices.ecourts.gov.in/hcservices/