The Commissioner Of Income Tax vs M/S. Ramsahaimal Sanhuwala & Sons
2021 Latest Caselaw 24612 Mad

                                                                              T.C.A.No.652 of 2009


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 14.12.2021

                                                     CORAM :

                                   THE HON'BLE MR. JUSTICE R. MAHADEVAN
                                                       AND
                              THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ

                                                T.C.A.No.652 of 2009


                The Commissioner of Income tax
                Chennai                                                        ... Appellant

                                                      Versus


                M/s. Ramsahaimal Sanhuwala & Sons,
                Charitable Trust No.24,
                Cathedral Garden Road,
                Nungambakkam,
                Chennai - 600 034.
                                                                             ... Respondent

                          Appeal preferred under Section 260A of the Income Tax Act, 1961,
                against the order of the Income Tax Appellate Tribunal, “B” Bench Chennai,
                dated 01.02.2008 in I.TA.No.1383/Mds/2007.


                For Appellant               :     Mr.J.Narayanaswamy

                For Respondent              :     Mr.N.Muthukumar


https://www.mhc.tn.gov.in/judis
                1/4
                                                                                       T.C.A.No.652 of 2009


                                                  JUDGMENT

(Judgment was delivered by R.MAHADEVAN, J.)

This tax case appeal has been filed by the appellant / Revenue, challenging

the order dated 01.02.2008 passed by the Income Tax Appellate Tribunal,

Chennai 'B' Bench, in I.T.A.No.1383/Mds/2007, relating to the assessment year

1998-99.

2.By order dated 18.08.2009, this court admitted the aforesaid tax case

appeal on the following substantial question of law:

“ Whether on the facts and circumstances of the case the Tribunal was right in law in holding that the income earned from running of Kalyana Mandapam is not a business income and that assessee was eligible for exemption under Section 11 of the Income Tax Act, 1961?"

3.When the matter was taken up for consideration, the learned counsel for

the appellant / Revenue brought to the notice of this court the Circular

No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes,

wherein, it is stipulated that appeal shall not be filed/pursued by the Department

before the High Court in cases where the tax effect does not exceed

https://www.mhc.tn.gov.in/judis

T.C.A.No.652 of 2009

Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in

this appeal is less than the threshold limit.

4.In the light of the aforesaid submissions made by the learned counsel for

the appellant / Revenue, the present appeal, wherein, the tax effect is said to be

less than the monetary limit imposed, is dismissed as withdrawn, keeping open

the substantial question of law for determination in an appropriate case. No costs.

(R.M.D., J.) (M.S.Q., J.) 14.12.2021 av

Internet : Yes Index : Yes / No

To

1. The Income Tax Appellate Tribunal, “B” Bench Chennai,

2. The Commissioner of Income tax Chennai.

https://www.mhc.tn.gov.in/judis

T.C.A.No.652 of 2009

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

av

T.C.A.No.652 of 2009

14.12.2021

https://www.mhc.tn.gov.in/judis