The Commissioner Of Income Tax,Central – Ii, Chennai v. M.k.sahira

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 22.02.2021 CORAM: THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.No.507 of 2009 The Commissioner of Income Tax,Central – II, Chennai. ... Appellant/Appellant Vs. M.K.Sahira... Respondent/Respondent Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "B" Bench, Chennai dated 17.07.2008 in I.T(SS).A.No.155/Mds/2007 block period 22.01.2003 and this appealpreferred against the Commissioner of Income Tax (Appeals) II,Chennai 34 order dated 27.08.2007 made in Appeal No. CIT(A)/CHE/457/2006-2007 for the assessment year Block assessment forthe period ending 22.01.2003 and against the DeputyCommissioner of Income Tax Central Circle 11(3) Chennai 34 orderdated 28.02.2007 made in GIR/PA No. 26792S/AAJPS6223J for theassessment year relating to block period 01.04.1996 to22.01.2003. For Appellant : Mr.T.R.Senthil Kumar, Senior Standing Counsel assisted by Ms.K.G.Usha Rani, Junior Standing Counsel For Respondent : Mr.N.V.Balaji JUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.T.R.Senthil Kumar, learned Senior StandingCounsel for the appellant/Revenue and Mr.N.V.Balaji, 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 against https://hcservices.ecourts.gov.in/hcservices/ the order dated 17.07.2008 made in I.T(SS).A.No.155/Mds/2007 onthe file of the Income Tax Appellate Tribunal, Chennai, "B"Bench (for brevity, the Tribunal) for the block period22.01.2003. 3.The appeal was admitted on 10.11.2009 on the followingsubstantial questions of law:“1)Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in law in deletingtheadditionofRs.28,61,903/-towardsunexplained cash credit under Section 68 of theIncome Tax Act, 1961 is valid in law?2)Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in remit the matterto the file of Commissioner of Income Tax(Appeals) with a direction to pass a fresh orderafter giving adequate opportunities of beingheard to the assessee even though the assessingofficer made addition of Rs.13,59,612/- onaccount of unexplained jewellery on the basis ofmaterials and evidence available on record?”4.The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenue onaccount of the Low Tax Effect in terms of Circular No.17/2019dated 08.08.2019 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 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. s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai, "B" Bench, Chennai Chennai 2.The Commissioner of Income Tax(Appeals)II, Chennai 34.(Appeals)II, Chennai 34. 3.The Deputy Commissioner of Income Tax,Central Circle II(3)Chennai 34.Central Circle II(3)Chennai 34. +1 CC to Mr.N.V.Balaji, advocate sr 10858. T.C.A.No.507 of 2009KJ(CO)SP(19/03/2021)