The Commissioner Of Income Taxchennai v. M/S.khivraj Motors Pvt Ltd623, Anna Salai, Chennai 600 006

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR The Commissioner of Income TaxChennai. ...Appellant Vs. M/s.Khivraj Motors Pvt Ltd623, Anna Salai, Chennai 600 006....Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'B' Bench, Chennai, dated 18.10.2012 made inITA No.823/Mds/2012 against the order of the Commissioner ofIncome Tax Appeals III, Chennai made in I.T.A. No. 525/2008-2009/A.III dated 27.01.2012 against the order of the Income TaxOfficer(OSD) Company Circle II (4) i/c Chennai made in GIR.No/PAN dated 24.12.2008 for the Assessment year 2006-2007. For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Mr.N.V.Balaji J U D G M E N T(Delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'B' Bench, Madras, by raising thefollowing substantial question of law: "Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal wasright in restricting the disallowance to Rs.2.00lakhs as against Rs.32.10 lakhs made under Section14A of the Income Tax Act, 1961 read with Rule 8D ofthe Income Tax Rules?”the case, the Income Tax Appellate Tribunal wasright in restricting the disallowance to Rs.2.00lakhs as against Rs.32.10 lakhs made under Section14A of the Income Tax Act, 1961 read with Rule 8D ofthe Income Tax Rules?” https://hcservices.ecourts.gov.in/hcservices/ 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 appeal filedby the Revenue is dismissed as not pressed, keeping open thesubstantial questions of law for determination in an appropriatecase. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant RegistrarKSTTo1.The Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai.2.The Commissioner of Income Tax (Appeals)III, Chennai3.The Income Tax officer(OSD)Company Circle II(4)i/c ChennaiTC(A) No.455 of 2013NMI(CO)SP(26/02/2020)