The Commissioner Of Income Tax Tamil Nadu-Viii, Chennai v. Dr.hakeem S.a.syed Sathar

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE C.SARAVANAN The Commissioner of Income Tax Tamil Nadu-VIII, Chennai .. AppellantVs. Dr.Hakeem S.A.Syed Sathar41, Begam Sahib Street,Royapettah, Chennai 600 014. PAN: .. Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'A' Bench, Chennai, dated 14.7.2008 made in IT(SS)ANos.139/Mds/2007 and 113/Mds/2007. Against the order dated07.06.2007 made in A.No.CIT(A)/CHE/08/07-08 passed by theCommissioner of Income Tax (Appeals)II, Chennai-34 and againstthe order dated 31.03.2005 passed by the Assistant Commissionerof Income Tax, Central II(5), Chennai 34 for the Assessment year1997-98 and the period from 01.04.2002 to 23.01.2003. For Appellant : Mr.T.R.Senthilkumar Senior Standing Counsel assisted by Ms.K.G.Usha Rani, Jr.Standing Counsel For Respondent : Mr.A.S.Sivaraman COMMON JUDGMENT (Delivered by DR.VINEET KOTHARI,J) These Tax Case Appeals have been filed by the Revenue,calling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'A' Bench, Chennai, dated14.7.2008 made in IT(SS)A No.139/Mds/2007 and 113/Mds/2007, forthe Block Assessment Period from 1996-97 to 21.1.2003 and 1996-97 to 23.1.2003, by raising the following substantial questionof law: https://hcservices.ecourts.gov.in/hcservices/ "Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal wasright in law in deleting the penalty to the tune ofRs.73,59,575/- levied under Section 158-BFA(2) ofthe Income Tax Act, 1961?" 2. When the matters are taken up for hearing, learnedSenior Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.17/2019 dated 8th August 2019, wherein, it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the tax effectdoes not exceed Rs.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is said to be lessthan the monetary limit imposed and therefore, the Appeals filedby the Revenue are dismissed, as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssk. To 1. The Commissioner of Income Tax Tamil Nadu-VIII, Chennai Tamil Nadu-VIII, Chennai 2. Income Tax Appellate Tribunal, 'A' Bench, Chennai. 3. Assistant Commissioner of Income Tax, Central Circle II(5), Chennai. Central Circle II(5), Chennai. 4. The Deputy Commissioner of Income Tax, Business Circle VIII, Chennai. Business Circle VIII, Chennai. 5. The Commissioner of Income Tax (Appeals)II, Chennai-34. +1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.77655 +1cc to Mr.S.Sridhar, Advocate, S.R.No.77012 T.C.(A)Nos.731 & 732 of 2009 SAI(CO)CS/30/10/2019 https://hcservices.ecourts.gov.in/hcservices/