The Commissioner Of Income-Tax-Ii,Coimbatore v. Https://Hcservices.ecourts.gov.in/Hcservices

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMand THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.664 of 2011 The Commissioner of Income-tax-II,Coimbatore... Appellant -vs- Smt.R.Selvi,24, Park Road, Erode-638 001.(GIR No.13PSO118).. Respondent APPEAL under Section 260A of the Income Tax Act, 1961againsttheorderdated25.02.2011,madeinI.T.A.No.2607/Mds/2007 on the file of the Income Tax AppellateTribunal 'D' Bench, Chennai for the assessment year 2001-02. as against the order of the Commissioner of Income Tax(Appeals) -I, Coimbatore made in Appeal No. 144/04-05 dated04/10/2007 as against the order of the income Tax Officer ward –I (2) Erode in PAN GIR.No. 13PS0118 dated 30/03/2004 for theAssessment Year 2001-02. For Appellant:Mr.T.R.Senthil Kumar,Senior Standing Counsel:assisted by Ms.K.G.Usharani,Standing Counsel For Respondent:No appearance This appeal filed by the Revenue under Section 260A of theIncome-tax Act, 1961 is directed against the order dated25.02.2011, made in I.T.A.No.2607/Mds/2007 on the file of theIncome Tax Appellate Tribunal 'D' Bench, Chennai for theassessment year 2001-02. https://hcservices.ecourts.gov.in/hcservices/ substantial questions of law:-“(i) Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal is right in law in deleting theadditions made by the assessing officer towardsthe unexplained sundry creditors to the tune ofRs.94,92,177/- is valid? and (ii) Whether, on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in law in deleting the addition made bythe assessing officer even though the assessee hasnot established the genuineness of the credits tothe satisfaction of the assessing officer and itis incumbent upon the assessee to establish thesupporting evidence to the genuineness of thetransaction?” 3.Heard Mr.T.R.Senthil Kumar, learned Senior Standing Counselassisted by Ms.K.G.Usharani, learned Standing Counsel for theappellant. 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.17/2019,dated 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 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 questions of law framed are 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. Assistant Registrar (CS-IV)//True Copy// abrTo Sub Assistant Registrar 1.The Income Tax Appellate Tribunal 'D' Bench, Chennai. Chennai. https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner of Income Tax (Appeals) – I, Coimbatore. Coimbatore. 3.The Income Tax Officer, Ward – I (2), Erode. Ward – I (2), Erode. +1cc to Mr.N.Devanathan, Advocate, S.R.No. 72487 +1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No. 72917 SPD(CO) GN(13/11/2019) T.C.A.No.664 of 2011