The Commissioner Of Income Taxcoimbatore v. Srieevastava Family Trust

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.11.2018 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.834 of 2009 The Commissioner of Income TaxCoimbatore. ...Appellant/Appellant Vs. Srieevastava Family Trust,8/2 Mettupalayam Road,Coimbatore 641 043. ...Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'D' Bench, Chennai, dated 5.10.2007 made inI.T.A.No.1065/Mds/2005. Against order of the Commissioner of theIncome Tax (Appeals)-I, Coimbatore. Dated:10/02/2005 made inAppeal no.681/01-02 against order of the Deputy Commissioner ofIncome Tax, Company Circle-II(2), Coimbatore dated:30.03.2001made in S.22611/C.O.II(2) for the Assessment year 1995-96. For Appellant : Mr.Karthik Ranganathan For respondent : Mr.T.Vasudevan 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, Madras 'D' Bench, Chennai, dated5.10.2007 made in I.T.A.No.1065/Mds/2005, by raising thefollowing substantial questions of law:"(i) Whether, in the facts and circumstances ofthe case, the Tribunal was right in holding that thestatus of the assessee as individual when theassessee admittedly had reported its status asAOP/TRUST in its return? (ii) Whether, in the facts and circumstances of https://hcservices.ecourts.gov.in/hcservices/ the case, the Tribunal was right in holding that theprovisions of section 40(ba) cannot be invoked onthe assessee?" 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 less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial questions of law fordetermination in an appropriate case. Sd/- Assistant Registrar(CS II) //True Copy// ssk. Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal,'D' Bench, Chennai 2.The Commissioner of the Income Tax, (Appeal)-ICoimbatore. 3.The Deputy Commissioner of Income Tax,Company Circle-II (2), Coimbatore. TCA No.834 of 2009 GSP(07/01/2019)