The Commissioner Of Income Tax,Chennai v. M/S.jubilee Plot & Housing Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 22.03.2022 Coram: The Hon'ble Mr.Justice R.MAHADEVANand The Hon'ble Mr.Justice J.SATHYA NARAYANA PRASAD T.C.A.No.417 of 2012 The Commissioner of Income Tax,Chennai....Appellant/Respondent Versus M/s.Jubilee Plot & Housing Pvt. Ltd.,No.1379C, Golden Villa, I Block,6[th] Street, Vallalar Kudiyeruppu,18[th] Main Road, Anna Nagar,Chennai – 600 040. ...Respondent/Appellant Tax Case Appeal filed under Section 260 (A) of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Madras “D” Bench, Chennai dated 10.07.2012 passed inI.T.A.No.905/Mds/2012 for the assessment Year 2007-2008 againstthe order of the Commissioner of Income Tax, Chenai-I, Chennai-600 034, dated 28.02.2012 and made in C.No.218(22)/CIT-I/263/2011-12 for the assessment Year 2008-08 and against theorder of the Assistant Commissioner of Income Tax, CO, Circle II(3), Chenai-34 dated 29.12.2009 and made in I.T.N.S.-65 for theassessment year 2007-08. For Respondent :Mr.R.Murali JUDGEMENT (Judgement of the Court was delivered by R.MAHADEVAN, J.) The present Tax Case Appeal has been preferred by theappellant/Revenue, calling in question the correctness of theorder passed by the Income Tax Appellate Tribunal, Madras 'D'Bench, Chennai in I.T.A.No.905/Mds/2012 dated 10.07.2012,relating to the assessment year 2007-08. On 30.11.2012, thisTax Case Appeal was admitted on the following substantialquestions of law:- https://hcservices.ecourts.gov.in/hcservices/ “1. Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in setting aside the revision order passed underSection 263 of the Income Tax Act, 1961? 2. Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in holding that the disallowance made by the AOu/s. 40(a)(ia) of the Income Tax Act on a sum ofRs.1.53 Crores towards tractor hire charges was notproper especially when the case was made in cash?” 2.When this appeal is taken up for consideration today,the learned counsel for the appellant/Revenue brought to thenotice of this court the Circular No.17/2019 dated 08.08.2019issued by the Central Board of Direct Taxes, wherein, it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the tax effectdoes not exceed Rs.1,00,00,000/- (Rupees One Crore). It is alsosubmitted that the tax effect in this appeal is less than thethreshold limit. 3.In the light of the aforesaid submissions made by thelearned counsel for the appellant/Revenue, the present appeal,wherein, the tax effect is said to be less than the monetarylimit imposed, is dismissed as withdrawn, keeping open thesubstantial questions of law for determination in an appropriatecase. No costs. //True copy// mrrTo Sub Assistant Registrar 1.Income Tax Appellate Tribunal, Madras “D” Bench, Chennai 2.The Commissioner of Income Tax, Chennai. 3. The Assistant Commissioner of Income Tax, CO, Circle – II(3), Chennai-34. +1cc to Mr.R.Murali, Advocate SR.No.19043 SSD(CO)GMY(05/04/2022) T.C.A.No.417 of 2012 https://hcservices.ecourts.gov.in/hcservices/