Commissioner Of Income Tax vs C.Rajini
2021 Latest Caselaw 4409 Mad

                                                                            T.C.A.No.388 of 2011

                               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.388 of 2011

                     Commissioner of Income Tax,
                     Chennai.                                                  ... Appellant
                                                          Vs.

                     C.Rajini                                                  ... Respondent

                               Appeal preferred under Section 260A of the Income Tax Act, 1961,
                     against the order of the Income Tax Appellate Tribunal, Madras, "A"
                     Bench, dated 10.12.2010 in I.TA.No.1239/Mds/2008 Assessment Year
                     2005-06.
                               For Appellant     : Mr.T.Ravi Kumar,
                                                   Senior Standing Counsel
                               For Respondent    : Mr.M.Kaushik for M/s.A.S.Sriraman
                                                     JUDGMENT

(Judgment was delivered by M.DURAISWAMY, J.)

We have heard Mr.T.Ravi Kumar, learned Senior Standing

Counsel for the appellant/Revenue and Mr.M.Kaushik, learned counsel

for the respondent/assessee.

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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 10.12.2010 made in I.TA.No.1239/Mds/2008 on the file of the

Income Tax Appellate Tribunal, Chennai, "A" Bench (for brevity, the

Tribunal) for the Assessment Year 2005-06.

3.The appeal was admitted on 28.09.2011 on the following

substantial question of law:

“Whether on facts and circumstances of the case, the Tribunal was right in holding that the assessee is entitled for deduction under Section 80IB?”

4.The learned Senior Standing Counsel for the appellant submits

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

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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, "A" Bench

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M.DURAISWAMY, J.

and T.V.THAMILSELVI, J.

va

T.C.A.No.388 of 2011

19.02.2021

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