The Commissioner Of Income Tax, Madurai v. V.s.lakshmi

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN The Commissioner of Income Tax, Madurai...Appellant/RespondentVs Smt.Kanchana Bharat (a) V.S.Lakshmi...Respondent/Appellant APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 09.5.2013 made in ITA.Nos.337 &338/Mds/2012 on the file of the Income Tax Appellate Tribunal,Chennai 'D' Bench respectively for the assessment years 2007-08and 2008-09 against the order of the Commissioner of Income Tax(Appeals)I, Madurai dated 26.12.2011 in I.T.A. 0099 & 0100/2010-2011 for the assessment year 2007-2008 and 2008-2009 against theorder of the Assistant commissioner of Income Tax, Circle I,Madurai dated 27.12.2010 in PAN No. AFWPK2354 for the assessmentyear 2007-2008 and 2008-2009. For Respondent:Mr.R.Sivaraman We have heard Mr.M.Swaminathan, learned Senior StandingCounsel assisted by Ms.V.Pushpa, learned Standing Counselappearing for the appellant – Revenue and Mr.R.Sivaraman,learned counsel appearing for the respondent – assessee. 2. These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961, are directed against the common orderdated 09.5.2013 made in ITA.Nos.337 & 338/Mds/2012 on the fileof the Income Tax Appellate Tribunal, Chennai 'D' Benchrespectively for the assessment years 2007-08 and 2008-09. https://hcservices.ecourts.gov.in/hcservices/ 3. The appeals were admitted on 14.2.2014 on the followingsubstantial questions of law : “ i. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in deleting the additionsof Rs.92,00,000/- for the assessment year2007-08andRs.10,00,000/-fortheassessment year 2008-09 when the assessee'shusband himself has admitted on oath tooffer the same for the assessment year 2007-08 and 2008-09? andii. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in coming to theconclusion that the additions made by theAssessing Officer in the assessee's handwill not partake the character of an incomedefined under Section 2(24) of deemedincome under Sections 68, 69, 69A or 69B ofthe Act?” 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeals are 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 the respectivecases is less than the threshold limit. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect in the respective cases is above the thresholdlimit fixed in the said circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. -s/d- Assistant Registrar(CS-IV) https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner of Income Tax (Appeals)IMaduraiMadurai 3.The Assistant Commissioner of Income TaxCircle I, MaduraiCircle I, Madurai +1 CC to Mr.M.Swaminathan, Advocate sr 72332 TCA.Nos.855 & 856 of 2013 SSD(CO)SP(21/11/2019)