The Commissioner Of Income Tax-Viii Chennai v. M/S.crs Holdings

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR The Commissioner of Income Tax-VIIIChennai... Appellant/AppellantVs. M/s.CRS Holdings,No.17-A, Thirukatohi Nambi Street,,Kancheepuram (PAN )...Respondent /Respondent----- Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal 'C' Bench, Chennai dated 11.06.2010 in ITANo.1717/Mds/2008, against the order of the Commissioner ofIncome Tax (Appeals)-IX, Chennai dated 30-05-2008 in ITANo.165/07-08 against the order of the Assistant Commissionerof Income Tax, Circle-I, Vellore dated 27-12-2007 in PANNo/GIR No.AADFC8707F/13327-C. -----For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Mr.R.Venkat Narayanan and for Subharaya Aiyar Padmanabhan [Judgment of the Court was delivered by DR.VINEETKOTHARI,J] This Tax Case Appeal has 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 questions of law: 1 https://hcservices.ecourts.gov.in/hcservices/ "Whether on the facts and in the circumstancesof the case, the Income-Tax Appellate Tribunal wasright in law in deleting the addition made by theassessing officer to the tune of Rs.51,00,000/-under section 68 of the Income Tax Act, 1961 isvalid?” 2. When the matter was taken up for hearing, the learnedStanding 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 case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appealfiled by the Revenue is dismissed as not pressed, keeping openthe substantial questions of law for determination in anappropriate case. Sd/- Assistant Registrar Sub Assistant Registrar //True Copy// msrTo1.Income Tax Appellate Tribunal 'C' Bench,Chennai.2.The Commissioner of Income Tax(Appeals)-IX, Chennai-34. 3.The Commissioner of Income Tax, Circle-I, Vellore. +1cc to Mr.Subbaraya Aiyar Padmanabhan, Advocate SR.16899Tax Case (Appeal) No.1291 of 2010SSD(CO)CB(17/06/2020)