Madras High Court
Commissioner Of Income Tax vs Subash Chand Jain on 2 February, 2021
T.C.A.Nos.208 to 210 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 02.02.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
T.C.A.Nos.208 to 210 of 2009
Commissioner of Income Tax,
Chennai. ... Appellant in all TCAs
Vs.
Subash Chand Jain,
7 Police Patrol Road,
Shevapet, Salem – 2. ... Respondent in all TCAs
Appeals preferred under Section 260A of the Income Tax Act,
1961, against the orders of the Income Tax Appellate Tribunal, Madras,
“D” Bench, dated 05.10.2007 in I.TA.No.676/Mds/2001, I.TA.No.3459/
Mds/2004 and I.TA.No.2411/Mds/2005 Assessment Year 1994-95.
For Appellant : Mr.M.Swaminathan,
(in all TCAs) Senior Standing Counsel
For Respondent : Mr.M.P.Senthil Kumar
(in all TCAs)
COMMON JUDGMENT
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T.C.A.Nos.208 to 210 of 2009
(Delivered by M.DURAISWAMY, J.)
We have heard Mr.M.Swaminathan, learned Senior Standing
Counsel for the appellant/Revenue and Mr.M.P.Senthil Kumar, learned
counsel for the respondent/assessee.
2.The appeals, filed by the Revenue under Section 260A of the
Income Tax Act, 1961 (for short, the Act) are directed against the order
dated 05.10.2007 made in I.TA.No.676/Mds/2001, I.TA.No.3459/Mds/
2004 and I.TA.No.2411/Mds/2005 on the file of the Income Tax
Appellate Tribunal, Chennai, “D” Bench (for brevity, the Tribunal) for
the Assessment Year 1994-95.
3.The appeals were admitted on 22.06.2009 on the following
substantial question of law:
“Whether in the facts and circumstances of the
case, the Tribunal was right in setting aside the order
of CIT under Section 263 and consequently holding
other appeals as infructuous?”
4.The learned Senior Standing Counsel for the appellant submits
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T.C.A.Nos.208 to 210 of 2009
that the above appeals are not pursued by the Revenue on account of the
Low Tax Effect in terms of Circular No.17/2019 dated 08.08.2019 issued
by the Central Board of Direct Taxes. By the said Circular, the monetary
limit for filing or pursuing an appeal before the High Court has been
increased to Rs.1 crore. It is further submitted that the tax effect in these
cases is less than the threshold limit.
5.In the light of the said submissions, the above Tax Case Appeals
are dismissed as withdrawn on account of the Low Tax Effect. The
substantial question of law framed is left open. In the event the tax effect
in these cases is above the threshold limit fixed in the said Circular,
liberty is granted to the Revenue to make a mention to this Court to
restore the appeals to be heard and decided on merits. No costs.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 02.02.2021
Internet : Yes
va
M.DURAISWAMY, J.
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T.C.A.Nos.208 to 210 of 2009
and
T.V.THAMILSELVI, J.
va
To
The Income Tax Appellate Tribunal, Chennai, “D” Bench
T.C.A.Nos.208 to 210 of 2009
02.02.2021
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