The Commissioner Of Income Tax-Ii121, Mahatma Gandhi Road, Chennai v. M/S.indo Asia Energy Private Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.03.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.209 of 2016 The Commissioner of Income Tax-II121, Mahatma Gandhi Road, Chennai. ... Appellant Vs. M/s.Indo Asia Energy Private Ltd.,No.14, Padmanabhan StreetT.Nagar, Chennai 600 017PAN : AAB CI 3998 R ... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the common order of the Income Tax AppellateTribunal 'C' Bench, Chennai dated 11.11.2014 in ITANo.1986/Mds/2014, and against the Order of the Commissioner of Income Tax(Appeals)-II, Chennai -34 dated 13/01/2014, made in ITA No.447of 2013-14, Assessment Year, 2006-07, and against the Order ofthe Deputy Commissioner of Income Tax, Co.Circle II (3),Chennai-34 dated 31.12.2010, made in PAN No.AABCI 3998 RAssessment Year 2006-2007. For Appellant : Mr.V.Rajesh, Jr.Standing Counsel J U D G M E N T(Judgment of the Court was delivered by DR.VINEETKOTHARI,J) This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'C' Bench, Chennai, by raising thefollowing substantial questions of law: https://hcservices.ecourts.gov.in/hcservices/ “ (i) Whether on the facts and circumstances of thecase, the Tribunal was right in deleting that Section40(a)(ia) is applicable only on those amounts'payable' and not those amounts 'paid' during the yearwithout deducting tax at source? And(ii) Whether under the facts and circumstances of thecase, the Income Tax Appellate Tribunal was right inholding that the amendment in Finance Act, 2010 toSection 40(a)(ia) is applied retrospectively?" 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 appeal filedby the Revenue is 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 KSTTo 1.The Income Tax Appellate Tribunal,'C' Bench, Chennai. 2.The Commissioner of Income Tax (Appeals)-II, 121, Mahatma Gandhi Road, Chennai-34. 3.The Deputy Commissioner of Income Tax, Company Circle II(3), Chennai-34. br[co]srg 21/07/2020