The Commissioner Of Income Tax, Coimbatore v. M/S.the Tamil Nadu Coop.textile Processing Mills Ltd., Erode-4

In the High Court of Judicature at MadrasDated : 15.6.2020 The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal No.183 of 2014 The Commissioner of Income Tax, Coimbatore ...AppellantVsM/s.The Tamil Nadu Coop.TextileProcessing Mills Ltd., Erode-4....Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 29.7.2013 made in ITA.No.880/Mds/2013 on thefile of the Income Tax Appellate Tribunal, Chennai 'C' Bench forthe assessment year 2009-10, appeal against the order dated05.02.2013 made in PAN No./GIR.No. on the file of theCommissioner of Income Tax (Appeals)-I, Coimbatore, for theAssessment year 2009-10, and as against order dated 30.12.2011made in PAN/GIR on the file of the Income TaxOfficer, Ward I(4), Erode, For the Assessment year 2009-10. For Appellant : Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent: Mr.G.Baskar Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel assisted by Ms.K.G.Usharani, learned Standing Counselappearing for the appellant – Revenue and Mr.G.Baskar, learnedcounsel appearing for the respondent. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainst the order dated 29.7.2013 made in ITA.No.880/Mds/2013 onthe file of the Income Tax Appellate Tribunal, Chennai 'C' Bench(for brevity, the Tribunal) for the assessment year 2009-10. 3. The appeal has been admitted on 09.7.2014 on the following https://hcservices.ecourts.gov.in/hcservices/ substantial question of law :“Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in upholding the order of theCommissioner of Income Tax (Appeals)directing the Assessing Officer to take intoconsideration the return filed by theassessee beyond the time limit stipulatedunder Section 139(5) of the 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 III) //True Copy// Sub Assistant Registrar RSTo 1.The Income Tax Appellate Tribunal, Chennai 'C' Bench. 2.The Commissioner of Income Tax(Appeals)-I,Coimbatore. 3.The Income Tax officer, Ward I(4), Erode. EV(CO)RMP(03/09/2020) https://hcservices.ecourts.gov.in/hcservices/