The Commissioner Of Income Tax,Central Circle, Salem v. M/S.sree Venkatachalapathy Corporation, Salem

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN The Commissioner of Income Tax,Central Circle, Salem ...Appellant in both the Appeals Vs M/s.Sree Venkatachalapathy Corporation, Salem-63710 ...Respondent in both the Appeals APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 10.5.2011 made respectively inITA.Nos.1646 & 1647/Mds/2009 on the file of the Income TaxAppellate Tribunal, Chennai 'B' Bench for the assessment years2003-04 and 2004-05 against the order of the Commissioner ofIncome Tax Appeals,Salem dated 30.04.2009 in ITA:261/06-07,ITA:263/06-07, ITA:265/06-07 and ITA:267/06-07,and arising outof the assessment orders of Assistant Commissioner of IncomeTax,CentralCircle,Salem,dated27.12.2006,inAAVFS0057Q/CCFS028 For Appellant : Mr.M.Swaminathan, SSC assisted by Ms.V.Pushpa, SC & Mrs.S.Premalatha, SCFor Respondent : Mr.G.Baskaran We have heard Mr.M.Swaminathan, learned Senior StandingCounsel assisted by Ms.V.Pushpa, learned Standing Counsel andMrs.S.Premalatha, learned Standing Counsel appearing for theappellant – Revenue and Mr.G.Baskar, learned counsel appearingfor the respondent – assessee. 2. These appeals, filed by the Revenue under Section 260A of https://hcservices.ecourts.gov.in/hcservices/ the Income Tax Act, 1961 (for short, the Act) are directedagainst the common order dated 10.5.2011 made respectively inITA.Nos.1646 & 1647/Mds/2009 on the file of the Income TaxAppellate Tribunal, Chennai 'B' Bench (for brevity, theTribunal) for the assessment years 2003-04 and 2004-05. 3. The appeals were admitted on 21.7.2014 on the followingsubstantial question of law :“Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in law inapplying instruction No.3 of 2011 dated09.2.2011 in respect of the pending appeal,on which, instruction No.5 of 2008 dated15.5.2008 alone is applicable ?” 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeals are not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019dated 08.8.2019 issued by the Central Board of Direct Taxes. Bythe said 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 the respectivecases is less than the threshold limit. 5. In the light of the said submissions, the above tax caseappeals are dismissed on account of the low tax effect. Thesubstantial question of law framed is left open. In the eventthe tax effect in the respective cases is above the thresholdlimit fixed in the said circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. Sd/- Assistant Registrar(CS I) //True Copy// RS Sub Assistant Registrar 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2.The Commissioner of Income Tax(Appeals), Salem. 3.The Assistant Commissioner of Income Tax, Central Circle, Salem. Central Circle, Salem. 4.The Assistant Registrar, Income Tax Appellate Tribunal, Balaji Bhavan, IIIrd Floor, Besant Nagar, Chennai-90. TCA.Nos.105 & 106of 2014 MP(CO)KKV/17/08/2020