The Commissioner Of Income Tax,Circle Xiii, Chennai v. M.janakiraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.01.2019 CORAM: THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAMANDTHE HONOURABLE MR. JUSTICE N. SATHISH KUMARTax Case Appeal No.67 of 2011 The Commissioner of Income Tax,Circle XIII, Chennai ... Appellant/Respondent -vs- M.Janakiraman ... Respondent/AppellantTax Case Appeal filed under Section 260A of the Income Tax Act,1961 against the order of the Income Tax Appellate Tribunal 'B'Bench, Chennai, dated 13.08.2010 in M.A.No.135/Mds/2010 (in I.T.(SS) A.No.63/Mds/05). Against the order of the Commissioner of Income Tax(Appeals)-XII, Chennai, dated 31.03.2005 in I.T.A.No.132/04-05for the Assessment Year Block Period i.e., 01.04.1990 to07.06.2000 against the order of the Assistant Commissioner ofInocme Tax Circle XIII (i/c) Chennai, dated 27.09.2004 for theAssessment Year 01.04.1990 to 07.06.2000. For Appellant: Mr.T.R.SenthilKumarSenior Standing Counsel For Respondent : Mr.A.Thayaparan J U D G M E N T Judgment of the Court was delivered by T.S.Sivagnanam, J.] This appeal by the appellant/Revenue is directedagainst the order passed by the Income Tax Appellate Tribunal,'B' Bench, Chennai dated 13.08.2010 in M.A.No.135/Mds/2010 (inI.T.(SS) A.No.63/Mds/05). https://hcservices.ecourts.gov.in/hcservices/ 2. Heard Mr.T.R.SenthilKumar, learned Senior StandingCounsel for the appellant/Revenue and Mr.A.Thayaparan, learnedcounsel for the respondent. 3. This Appeal has been admitted on the followingSubstantial Question of Law:-"1. Whether on the facts and circumstances ofthe case, the Tribunal is right in finding thatthe assessment orders under Section 158 BD arewithout assumption of valid jurisdiction andneeds to be quashed in violation of the legalprinciples laid down by jurisdictional High Courtin T.C.(A) No.564/2004? 2. Whether on the facts and circumstances ofthe case, the Tribunal has jurisdiction to passan order contrary to its earlier order dated07.12.2007 and finding on the ground ofrectification?" 4. We have perused the order of Assessment as well as theOrder passed by the Commissioner of Income Tax and we find thatthe tax effect in this appeal is lesser than the threshold limitmentioned in Circular No.3 of 2018, dated 11.07.2018, issued bythe Central Board of Direct Taxes, which fixes the monetarylimit as Rs.50,00,000/- for the Department to pursue the matter.Furthermore, the Revenue has not been able to point out anydistinguishing features, by which the Circular No.3 of 2018,dated 11.07.2018, cannot be applied. 5. Thus, for the above reasons, the Revenue cannot pursuethis Appeal in view of the low tax effect. Hence, the Appeal isdismissed and the Substantial Questions of Law, framed forconsideration, are left open. No costs. The Revenue is atliberty to seek for restoration of appeal, if at a later pointof time, it is found that the tax effect is above the thresholdlimit. Sd/- Assistant Registrar(CS VI)//True Copy// Sub Assistant Registrar svki https://hcservices.ecourts.gov.in/hcservices/ To 1. The Income Tax Appellate Tribunal 'B' BenchChennai.Chennai. 2. The Commissioner of Income Tax (Appeals)-XIII, Chennai. 3. The Assistant Commissioner of Income Tax Circle-XIII, Chennai.Chennai. +1 cc to Mr.A.Thayaparan, Advocate Sr.No.51 T.C.A.No.67 of 2011SSD(CO)CSL/11.02.2019