Madras High Court
Commissioner Of Income Tax vs R.Chandrakala on 19 February, 2021
T.C.A.Nos.215 to 218 of 2012
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.Nos.215 to 218 of 2012
Commissioner of Income Tax,
Chennai. ... Appellant in all 4 TCAs
Vs.
R.Chandrakala ... Respondent in all 4 TCAs
Appeals preferred under Section 260A of the Income Tax Act,
1961, against the order of the Income Tax Appellate Tribunal, Madras,
"D" Bench, dated 11.01.2012 in I.TA.Nos.1697 to 1700/Mds/2011,
Assessment Year 2003-04, 2004-05, 2005-06 & 2006-07.
For Appellant : Mr.M.Swaminathan
(in all 4 TCAs) Senior Standing Counsel
For Respondent : Mr.Kaushik
(in all 4 TCAs) for Mr.S.Sridhar
COMMON JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
We have heard Mr.M.Swaminathan, learned Senior Standing
Counsel for the appellant/Revenue and Mr.Kaushik, learned counsel for
the respondent/assessee.
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T.C.A.Nos.215 to 218 of 2012
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 11.01.2012 made in I.TA.Nos.1697 to 1700/Mds/2011 on the file
of the Income Tax Appellate Tribunal, Chennai, "D" Bench (for brevity,
the Tribunal) for the Assessment Years 2003-04, 2004-05, 2005-06 &
2006-07.
3.The appeals were admitted on 11.09.2012 on the following
substantial question of law:
“Whether on the facts and circumstances of the
case, the Tribunal was right in setting aside
assessment order passed consequent to the direction
of CIT (A) to assess the cost of construction
proportionately for the relevant assessment year
2002-03 to 2006-07 during which the construction
took place which was based on a report as found by
the CIT (A) originally as well as the assessee's
submissions?”
4.The learned Senior Standing Counsel for the appellant submits
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T.C.A.Nos.215 to 218 of 2012
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 are 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.
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
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T.C.A.Nos.215 to 218 of 2012
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
va
T.C.A.Nos.215 to 218 of 2012
19.02.2021
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