The Commissioner Of Income Tax, Ward – I, Tuticorin v. M/S.diamond Shipping Agencies Private Limited, A-4, Diamond House, World Trade Avenue, Harbour Estate, Tuticorin – 628 004

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 24.03.2021 THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI The Commissioner of Income Tax,Ward – I, Tuticorin.... AppellantVs.M/s.Diamond Shipping Agencies Private Limited,A-4, Diamond House,World Trade Avenue, Harbour Estate,Tuticorin – 628 004.... Respondent Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "A" Bench, dated 25.11.2016 in I.TA.No.2432/Mds/2016Assessment Year 2013-14. filed against the order of thecommissioner of income tax (appeals)-1, Madurai passed in ITANo.223/2015-16 dated 13/05/2016 preferred against the assessmentorder dated 22/03/2016 passed by the Deputy commissioner ofIncome Tax, Circle -I, Tuticorin for Pan No. for theassessment year 2013-2014. We have heard Ms.V.Pushpa, learned Standing Counsel for theappellant/Revenue and Ms.Sriniranjani Srinivasan, learnedcounsel for the respondent/assessee. 2.The appeal, filed by the Revenue under Section 260A of theIncome Tax Act, 1961 (for short, the Act) is directed againstthe order dated 25.11.2016 made in I.TA.No.2432/Mds/2016 on thefile of the Income Tax Appellate Tribunal, Chennai, "A" Bench(for brevity, the Tribunal) for the Assessment Year 2013-14. https://hcservices.ecourts.gov.in/hcservices/ constitutes an “Inland Port” and entitled todeduction under Section 80IA(4) of the Income TaxAct, 1961?” 4.The learned Standing Counsel for the appellant submitsthat the above appeal is not pursued by the Revenue on accountof the Low Tax Effect in terms of Circular No.17/2019 dated08.08.2019 issued by the Central Board of Direct Taxes. By thesaid Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 crore.It is further submitted that the tax effect in these cases areless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeal is dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed is left open. Inthe event the tax effect in this case is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appeal tobe heard and decided on merits. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant RegistrarvaTo1.The Income Tax Appellate Tribunal, Chennai, "A" Bench 2.The Commissioner of Income Tax, Ward I, Tuticorin. 3.The Commissioner of Income Tax(Appeals)-I, Madurai. GMI(CO)RMP(12/05/2021) https://hcservices.ecourts.gov.in/hcservices/