Madras High Court
The Commissioner Of Income Tax vs M/S.Diebold Systems Pvt. Ltd on 19 February, 2021
T.C.A.No.614 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 19.02.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
T.C.A.No.614 of 2014
The Commissioner of Income Tax,
Chennai. ... Appellant
Vs.
M/s.Diebold Systems Pvt. Ltd.,
28/3, 2nd and 3rd Floor,
Montieth Road,
Egmore, Chennai – 600 008. ... Respondent
Appeal preferred under Section 260A of the Income Tax Act,
1961, against the order of the Income Tax Appellate Tribunal, Madras,
"D" Bench, dated 15.03.2012 in I.TA.No.1307/Mds/2011 Assessment
Year 2005-06.
For Appellant : Mr.T.Ravikumar,
Senior Standing Counsel
For Respondent : Ms.Sriniranjani
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T.C.A.No.614 of 2014
JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
We have heard Mr.T.Ravi Kumar, learned Senior Standing
Counsel for the appellant/Revenue and Ms.Sriniranjani, learned counsel
for the respondent/assessee.
2.The appeal, filed by the Revenue under Section 260A of the
Income Tax Act, 1961 (for short, the Act) are directed against the order
dated 15.03.2012 made in I.TA.No.1307/Mds/2011 on the file of the
Income Tax Appellate Tribunal, Chennai, "D" Bench (for brevity, the
Tribunal) for the Assessment Year 2005-06.
3.The appeal was admitted on 27.10.2014 on the following
substantial question of law:
“Whether on the facts and circumstances of the
case, the Tribunal was right in upholding the orders
of the Commissioner of Income Tax (Appeals), who
deleted the penalty levied under Section 271 (1)(c) of
the Income Tax Act by the Assessing Officer
amounting to Rs.47,67,418/-?
4.The learned Senior Standing Counsel for the appellant submits
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T.C.A.No.614 of 2014
that the above appeal is 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 are less than the threshold limit.
5.In the light of the said submissions, the above Tax Case Appeal
is dismissed as withdrawn on account of the Low Tax Effect. The
substantial question of law framed are left open. In the event the tax
effect in this case 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 appeal to be heard and decided on merits. No costs.
Index : Yes/No [M.D., J.] [T.V.T.S., J.]
Internet : Yes 19.02.2021
va
To
The Income Tax Appellate Tribunal, Chennai, "D" Bench
M.DURAISWAMY, J.
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T.C.A.No.614 of 2014
and
T.V.THAMILSELVI, J.
va
T.C.A.No.614 of 2014
19.02.2021
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