The Commissioner Of Income Taxcircle Iii, Chennai v. Sri C.aryamasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.1417 of 2010 The Commissioner of Income TaxCircle III, Chennai Appellant Vs. Sri C.Aryamasundaram 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 6.8.2010 made in ITANo.731/Mds/2009 against the Order of the commissioner of IncomeTax appeals – VIII, Chennai-34, dated 11/03/2009 in ITA.No.11/06-07 for the assessment year 1998-99, against the order ofthe Assistant Commissioner of Income Tax Business Circle III,Chennai-34, dated 31/03/2006 in GIR/PAN.No. for theassessment Year 1998-99. For Appellant : Mr.M.Swaminathan Senior Standing Counsel For respondent : Ms.Maya Nichane 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, Chennai, dated 6.8.2010 madein ITA No.731/Mds/2009, by raising the following substantialquestion of law: "Whether on the facts and in the circumstances ofthe case the Appellate Tribunal was right in holdingthe issue of notice under Section 143(2) as invalidwithout considering the amended provision of Section148(1) introduced with retrospective effect from1.4.1991?" https://hcservices.ecourts.gov.in/hcservices/ 2. When the matter is taken up for admission, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.3/2018 dated 11.7.2018 wherein it is stipulated that appealsshall not be filed/pursued by the Department before the HighCourt in cases where the tax effect does not exceed Rs.50 lakhs. 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 question of law for determination in an appropriatecase. Sd/-Assistant Registrar(CS-III)//True Copy// Sub Assistant Registrarssk.To.1. The Commissioner of Income Tax Circle III, Chennai 2. Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai3. The Assistant Commissioner of Income Tax,Business Circle III, Chennai.4.The Commissioner of Income Tax Appeals VIII, Chennai-34. +1cc to Mr.S.Premalatha, Advocate, S.R.No. 2587 TCA No.1417 of 2010SSI(CO)GN(14/02/2019) https://hcservices.ecourts.gov.in/hcservices/