The Commissioner Of Income - Tax - Vii, Chennai v. Shri.d.mangilal

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR. JUSTICE R. MAHADEVANand THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD TCA.No.1464 of 2010 The Commissioner of Income - tax - VII, Chennai. ... Appellant/Respondent Vs Shri.D.Mangilal, 2/31, Old Mahabalipuram Road, Navalur Road, Kelambakkam - 603 103. PAN No. ... Respondent/Appellant Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,“A” Bench, Chennai, dated 05.02.2010 in I.TA.No.1293/Mds/2008.Appeal against the order of the Commissioner of Income Tax(Appeals)-IX, Chennai, dated 24.03.2008 in ITA.Nos.254 & 255/07-08 and against the order of the Joint Commissioner of IncomeTax, Tambaram Range, Tambaram, dated 27.12.2007 inPA.No.AAIPM6720M. JUDGMENT (Judgment of the Court was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant /Revenue, challenging the order dated 05.02.2010 passed by theIncome Tax Appellate Tribunal, 'A' Bench, Chennai, inI.T.A.No.1293/Mds/2008, relating to the assessment year 2004-2005. 2. By order dated 21.02.2011, this court admitted theaforesaid tax case appeal on the following substantial questions https://hcservices.ecourts.gov.in/hcservices/ of law: “(i) Whether on the facts and in thecircumstances of the case, the Income Tax AppellateTribunal was right in law in deleting the levy ofpenalty under Section 271D of the Income Tax Act,1961, even though the assessee was compelled todisclosed such cash transaction during the search inthe premises of the assessee? (ii) Whether on the facts and in thecircumstances of the case the Income Tax AppellateTribunal was right in law in deleting the levy ofpenalty under 271E of the Income Tax Act, 1961, eventhough the assessee was compelled to disclose suchcash transaction during the search in the premises ofthe assessee? 3.When the matter was taken up for consideration, thelearned counsel for the appellant / Revenue brought to thenotice of this court the Circular No.17/2019 dated 08.08.2019issued by the Central Board Direct Taxes, wherein, it isstipulated that appeal 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). It is alsosubmitted that the tax effect in this appeal is less than thethreshold limit. 4.In the light of the aforesaid submissions made by thelearned counsel for the appellant / Revenue, the present appeal,wherein, the tax effect is said to be less than the monetarylimit imposed, is dismissed as withdrawn, keeping open thesubstantial questions of law for determination in an appropriatecase. No costs. Sd/-Assistant Registrar(CS-V) //True Copy// av Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, 'A' Bench, Chennai, 'A' Bench, Chennai, 2. The Commissioner of Income - tax - VII, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3. The Joint Commissioner of Income Tax, Tambaram Range, Tambaram. 4. The Commissioner of Income Tax (Appeals) IX, Chennai. TCA.No.1464 of 2010 KK(CO)SU(07/04/2022)