The Commissioner Of Income-Tax (Tds), Chennai v. Black Thunder Theme Park Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.09.2019 CORAM : THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal Nos.390 and 391 of 2010 The Commissioner of Income-tax (TDS),Chennai....Appellant inboth appealsVs.Black Thunder Theme Park Ltd.,36, Ooty Main Road, Mettupalayam.(PAN No.CMBB03100G)...Respondent inboth appealsTax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'C' Bench, Chennai, dated 31.07.2009 made in ITANos.379 and 380/Mds/2009, against the Order of the Commissioner of Income-Tax(Appeals)-II, Coimbatore in IT Appeal Nos.46 & 47 C/08-09 dated3/02/2009 for the Assessment Year 2001-02, 2002-03 against theorder of the Income Tax Officer, TDS Ward I(1), Coimbatore dated17/03/2003 respectively for the Assessment Year respectively. For Appellant: Mr.V.RajeshJr. Standing Counsel (in both)For Respondent: Mr.Sriramanfor M/s.S.Sridhar (in both) : Mr.V.RajeshJr. Standing Counsel (in both) COMMON JUDGMENT (Delivered by DR.VINEET KOTHARI,J.) These Tax Case Appeals have been filed by the Revenuecalling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'C' Bench, Chennai, by raisingthe following substantial question of law:"Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in law holding that the levy of interestunder Section 201 (1A) can be charged upto15.01.2003, even though that the interest underSection 201 (1A) is chargeable upto the date ofpayment of tax by the recipient in respect of theincome on which no TDS was made by thepayer/deductor?” 2. When the matters are 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 08.08.2019 wherein it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceed Rs.1Crore. 3. In these cases, the tax effect are said to be less thanthe monetary limit imposed and therefore, the appeals filed bythe Revenue are dismissed as not pressed, keeping open thesubstantial question of law for determination in an appropriatecases. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To: 1. The Registrar, Income Tax Appellate Tribunal, Madras "C" Bench, Chennai. 2. The Commissioner of Income Tax (Appeals)-II, Coimbatore. Coimbatore. 3. The Income Tax Officer, TDS Ward ((I), Coimbatore. TDS Ward ((I), Coimbatore. +1cc to Mr.S.Sridhar, Advocate Sr.80413 T.C.(A) Nos.390 and 391 of 2010nrl[co]srg 04/11/2019