The Commissioner Of Income Tax-Ii v. M/S.hansa Vision India Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.03.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) Nos.226 & 227 of 2017 The Commissioner of Income Tax-IINo.121, Mahatma Gandhi Road, Chennai. ... Appellant in both appealsVs. M/s.Hansa Vision India Private LimitedNo.605&606, 2[nd] Floor, Film ChamberBuilding, Anna Salai, Chennai .. Respondent in Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the common order of the Income Tax AppellateTribunal 'A' Bench, Chennai dated 08.09.2016 in ITA Nos.1868 &1869/Mds/2016 as against the common order dated 08/04/2016passes by the office of commissioner of Income Tax (Appeals),Chennai in ITA 184&58/CIT(A) - 6/2013-14 & 2014-15, against theorder dated 19/03/2014 for the asst year 2011-12 for the PAN/GIRNo. . & as against the order dated 28/03/2013 for theasst year 2010-11 for PAN/GIR No.AABCT377OE of the AsstCommissioner of Income Tax, Company Circle III(2), Chennai-34 For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Mr.A.S.Sriraman & Sridhar (Judgment of the Court was delivered by DR.VINEET KOTHARI,J) These Tax Case Appeals have been filed by the Revenuecalling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'A' Bench, Chennai, by raisingthe following substantial question of law: https://hcservices.ecourts.gov.in/hcservices/ “ Whether on the facts and circumstances of the case,the Appellate Tribunal is correct in law in holdingthat the investments made by the assessee in itssister concerns are not liable for disallowance u/s14A, when the provisions of the said section as wellas Rule 8D of the Income Tax Rules, 1962, does notprovide for such exemption?” 2. When the matter was taken up for hearing, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8th August 2019, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). 3. In the instant cases, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appeals filedby the Revenue are 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 KST To 1. The Income Tax Appellate Tribunal 'A' Bench,Chennai. 2. The Commissioner of Income Tax, (Appeals) 6. 3. The Assistant Commissioner of Income Tax, Company Circle III(2), Chennai - 34. T.C.(A) Nos.226 & 227 of 2017 KKV/11/06/2020