The Commissioner Of Income Taxchennai v. Fl Smidth Private Limited34, Egattoor, Siruseri, Omrkelambakkam, Chennai 600 103

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10.02.2020 CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case Appeal Nos.967 & 968 of 2010 The Commissioner of Income TaxChennai. ... Appellant Vs. FL Smidth Private Limited34, Egattoor, Siruseri, OMRKelambakkam, Chennai 600 103....Respondent Prayer: Tax Case Appeals filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Madras 'B' Bench, Chennai, dated 08.01.2010 made inITA No.1532/Mds/09 and 1533/Mds/09. Appeal against the order dated 08/07/2009 made inITA.No.11/07-08 and ITA.No.189/08-09 on the file of theCommissioner of Income Tax(Appeals)-II, Chennai for theassessment year 2004-05, 2001-2002, against the order dated18/12/2006, made in PAN.No./GIN.No. on the file of theAssistant Commissioner of Income Tax Central Circle III(2),Chennai for the assessment year 2004-2005. For Appellant : Mr.Karthik Ranganathan Senior Standing CounselFor Respondent : Mr.M.P.Senthil Kumar JUDGMENT(Judgment Delivered by DR.VINEET KOTHARI,J) These Tax Case Appeals have been filed by the Revenuecalling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'B' Bench, Madras, by raising thefollowing substantial questions of law: "1. Whether in the facts and circumstances ofthe case, the Income Tax Appellate Tribunal wasright in holding that interest u/s.234D cannot becharged in respect of the refund granted prior tothe insertion of Section 234D, when the regularassessment was completed only subsequent to theinsertion of section 234D? And https://hcservices.ecourts.gov.in/hcservices/ 2. Whether on the facts and in thecircumstances of the case, no interest can becharged even for the period subsequent to theintroduction of section 234D, merely on the groundthat the refund was granted prior to itsintroduction?” 2. When the matter is taken up for hearing, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8th August 2019, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.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 appeals filedby the Revenue are dismissed as not pressed, keeping open thesubstantial questions of law for determination in anappropriate case. Sd/-Assistant Registrar(C.S.IV)/True Copy To 1.The Income Tax Appellate Tribunal'B' Bench, Chennai. 2.The Commissioner of Income Tax(Appeals)-II, Chennai. 3.The Assistant Commissioner of Income Tax,Central Circle III(2), Chennai. +1cc to N.Muthukumar, Advocate, SR.No.10596