The Commissioner Of Income Tax, Trichy v. T.r.swaminathan, 25 Odayar Bungalow, Gandhi Nagar, Kumbakonam

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 30.08.2016 C O R A M The Honourable Mr.Justice S.ManikumarandThe Honourable Mr.Justice D.Krishnakumar Tax Case Appeal No.115 of 2015 The Commissioner of Income Tax, Trichy ... Appellant/AppellantVs T.R.Swaminathan,25 Odayar Bungalow,Gandhi Nagar, Kumbakonam ... Respondent/Respondent Prayer:Appeal filed under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras 'D' Bench, Chennai, dated 23.07.2014, in ITANo.391/Mds/2013 against the order of the Commissioner of IncomeTax (Appeals, Trichy dt.20.12.2012 against the order of theIncome Tax Officer (OSD) Circle, I, Kumbakonam, orderdt.29.12.16. For appellant : Mr. S.Rajesh, Standing Counsel, for Income Tax.For respondent : Mr. S.Sridhar- - - - - -J U D G M E N T(Judgment of the Court was made by S.Manikumar, J.,) This Appeal has been filed against the order of the IncomeTax Appellate Tribunal, 'D' Bench, Madras, dated 23.07.2014. 2. The substantial question of law raised in the instantappeal reads thus:-“Whether on the facts and in thecircumstances of the case, the Tribunal wasright in holding that Section 40 (a) (ia)can be invoked only to the amounts ofexpenditure which are payable as on lastday of the financial year and not theexpenditure incurred during the financialyear? ” https://hcservices.ecourts.gov.in/hcservices/ 3. Mr.S.Rajesh, learned Standing Counsel for Income Tax,submitted that the tax implication in the instant appeal is lessthan the ceiling limit fixed by the Circular bearing No.21 of2015, dated 10/12/2015. He further submitted that, as per theCircular, Tax Case Appeals have been instructed to be withdrawn,subject to the matters covered under the circular. 4. Placing on record the above submissions, whiledismissing the Tax Case Appeal No.115 of 2015, as withdrawn,substantial question of law raised is left open. No costs. Sd/- Asst.Registrar (CCC) /true copy/Sub Asst. RegistrarTo 1.The Income Tax Officer,Appellate Tribunal,Madras D Bench, Chennai-34. 2.The Commissioner of Income Tax Appeals,No.44, Williams Road, Cantenment, Trichy. 3.The Income Tax Officer (OSD)Circle I, Kumbakonam. +1 cc to Mr.S.Rajesh,advocate,sr.49110+1 cc to Mr.S.Sridhar,advocate,sr.49267.vgi(co)krd 16/9Tax Case Appeal No.115 of 2015