The Commissioner Of Income Tax,Chennai v. M/S.diebold Systems Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 19.02.2021 THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI The Commissioner of Income Tax,Chennai.... Appellant/ Appellant Vs. M/s.Diebold Systems Pvt. Ltd.,28/3, 2[nd] and 3[rd] Floor,Montieth Road,Egmore, Chennai – 600 008.... Respondent/ Respondent Appeal preferred under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Madras, "D" Bench, dated 15.03.2012 inI.TA.No.1307/Mds/2011 Assessment Year 2005-06 and against theorder passed by the Commissioner of Income Tax Appeals III,Chennai dated 08.04.2011 made in ITA.NO.64/2009-2010/ A IIIand against the passed by the Assistant Commissioner of IncomeTax Company Circle I (4),Chennai dated 30.06.2009 referenceNo.AAACD3206C/PENALTY/2005-06. For Appellant : Mr.T.Ravikumar, Senior Standing CounselFor Respondent : Ms.Sriniranjani JUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.T.Ravi Kumar, learned Senior StandingCounsel for the appellant/Revenue and Ms.Sriniranjani, learnedcounsel for the respondent/assessee. 2.The appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) are directedagainsttheorderdated15.03.2012madeinI.TA.No.1307/Mds/2011 on the file of the Income Tax AppellateTribunal, Chennai, "D" Bench (for brevity, the Tribunal) forthe Assessment Year 2005-06. 3.The appeal was admitted on 27.10.2014 on the followingsubstantial question of law: “Whether on the facts and circumstances ofhttps://hcservices.ecourts.gov.in/hcservices/the case, the Tribunal was right in upholding the orders of the Commissioner of Income Tax (Appeals), who deleted the penalty levied underSection 271 (1)(c) of the Income Tax Act by the Assessing Officer amounting to Rs.47,67,418/-? 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.By the said Circular, the monetary limit for filing orpursuing an appeal before the High Court has been increased toRs.1 crore. It is further submitted that the tax effect inthese cases are less than the threshold limit. 5.In the light of the said submissions, the above TaxCase Appeal is dismissed as withdrawn on account of the LowTax Effect. The substantial question of law framed are leftopen. In the event the tax effect in this case is above thethreshold limit fixed in the said Circular, liberty isgranted to the Revenue to make a mention to this Court torestore the appeal to be heard and decided on merits. Nocosts. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar va To The Income Tax Appellate Tribunal, Chennai, "D" Bench 2. The Commissioner of Income Tax, Chennai 3.The Commissioner of Income Tax Appeals III, Chennai 4.The Assistant Commissioner of Income Tax Company Circle I(4),Chennai +1cc to Mr.T.Ravi kumar , Advocate SR.No. 10056 +1cc to Mr.G.Baskar , Advocate SR.No. 9846 T.C.A.No.614 of 2014 https://hcservices.ecourts.gov.in/hcservices/