The Commissioner Of Income Tax-Ii,Coimbatore v. M/S. Premier Instrument & Controls(Pricol) Limited,1087-A Avinashi Road,Coimbatore-641 037 (

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26.11.2018 THE HON'BLE DR. JUSTICE VINEET KOTHARIandTHE HON'BLE DR. JUSTICE ANITA SUMANTH The Commissioner of Income Tax-II,Coimbatore. .. Appellant in both TCAs. Vs M/s. Premier Instrument & Controls(PRICOL) Limited,1087-A Avinashi Road,Coimbatore-641 037 (PAN AABCP2380CF) .. Respondent in both TCAs. Prayer : Tax Case (Appeals) are filed under Section 260A of theIncome Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Chennai 'A' Bench, dated 02.12.2008 passedin ITA No.446 and 447/Mds/2007 and ITA No.447/Mds/2007, asagainst the Commissioner of Income Tax (Appeals)-1, Coimbatore,made in ITA Nos.450 & 451 of 2005-2006 as against the orders ofthe Assistant Commissioner of Income Tax, Company Circle IV(1),Coimbatore for the Assessment Year 2002-2003 and 2003 & 2004. For Appellant : Mr.T.R.Senthilkumar For Respondent: No appearance (Judgment of the Court was delivered by Heard the learned Counsel for the appellant. 2. The Revenue preferred these appeals challenging theorders passed by the Income Tax Appellate Tribunal in ITANo.446/Mds/2007 and ITA No.447/Mds/2007 for the assessment years2002-2003 and 2003-2004 respectively. https://hcservices.ecourts.gov.in/hcservices/ 3. The above appeals have been admitted on 29.09.2009on the following substantial question of law : “i. Whether on the facts andcircumstances of the case the appellateTribunal was right in law in holding thatthe interest under Section 234-D cannot belevied for the period prior to 1.6.2003 isvalid?'' 4. It may not be necessary for us to answer the abovesubstantial question of law, as the monetary limits in theseappeals are lesser than the amount fixed by the circularinstructions issued by the Central Board of Direct Taxes inCircular No.3/2018 dated 11.07.2018. The said circular coversthe issue regarding chargeability of interest also. Inparagraph 4 of the said Circular, it has been stated that incase the chargeability of interest is the issue under dispute,the amount interested shall be the tax effect. Since thequantum of interest charged under Section 234-D of the IncomeTax Act in the present cases are less than Rs.50,00,000/- asstated in Circular No.3/2018 dated 11.07.2018, the Writ Appealsare liable to be dismissed. 5. Accordingly, the present appeals are dismissed. No costs.The substantial question of law is left open for considerationin an appropriate case. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tsi To 1.Commissioner of Income Tax-II, Coimbatore. Coimbatore. 2.The Income Tax Appellate Tribunal Bench A, Chennai. Chennai. 3.The Assistant Commissioner of Income Tax Company Circle IV(1),Coimbatore.Coimbatore. 4.The Commissioner of Income Tax (Appeals)I Coimbatore. Coimbatore. +1cc to Mr.T.R.Senthilkumar, Advocate Sr.80764 T.C.(A).Nos.786 and 787/ 2009cnr[co]srg 24/12/2018