Madras High Court
The Commissioner Of Income Tax vs Shri.R.Ashokan on 25 February, 2021
T.C.A.No.797 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2021
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
T.C.A.No.797 of 2013
The Commissioner of Income Tax,
Chennai. ... Appellant
Vs.
Shri.R.Ashokan,
Auro, D-37, Anna Nagar (East),
Chennai – 600 102. ... Respondent
Tax Case Appeal preferred under Section 260A of the Income Tax
Act, 1961, against the order of the Income Tax Appellate Tribunal,
Chennai, “C” Bench, dated 05.09.2011 in I.T.A.No.2063/Mds/2010,
Assessment Year 2000-01.
For Appellant : Mr.T.Ravikumar
Senior Standing Counsel
For Respondent : No appearance
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T.C.A.No.797 of 2013
JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
We have heard Mr.T.Ravikumar, learned Senior Standing Counsel,
for the appellant/Revenue.
2.The appeal, filed by the Revenue under Section 260A of the
Income Tax Act, 1961 (for short, the Act) is directed against the order
dated 05.09.2011 made in I.T.A.No.2063/Mds/2010 on the file of the
Income Tax Appellate Tribunal, Chennai, “C” Bench (for brevity, the
Tribunal) for the Assessment Year 2000-01.
3.The Revenue has raised the following substantial questions of
law in the above appeal :
“1.Whether on the facts and circumstances of the
case, the Income Tax Appellate Tribunal was right in
upholding the order of the CIT(A) who held that the
impugned order passed on invalid assumption of
jurisdiction under Section 154 was bad?
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T.C.A.No.797 of 2013
2.Whether on the facts and circumstances of the case,
the Income Tax Appellate Tribunal was right in not
following the judgment of the Madras High Court in the
case of Dollar Apparels reported in 294 ITR 484 wherein it
was stated that the assessee would not be eligible for
deduction u/s.80HHC in respect of interest income earned
on deposit since there was no direct nexus between the
interest income and export earnings ?”
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 this
case is 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 questions of law framed are left open. In the event the tax
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T.C.A.No.797 of 2013
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.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 25.02.2021
Internet : Yes
mkn
To
1.The Income Tax Appellate Tribunal, Chennai, “C” Bench
2.The Commissioner of Income Tax,
Chennai.
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T.C.A.No.797 of 2013
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
mkn
T.C.A.No.797 of 2013
25.02.2021
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