Madras High Court
Commissioner Of Income Tax vs Shri T.S.R.Khannaiyann on 25 February, 2021
T.C.A.No.800 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.800 of 2013
Commissioner of Income Tax,
Coimbatore. ... Appellant
Vs.
Shri T.S.R.Khannaiyann,
67, Avarampalayam Road,
K R Puram, Coimbatore. ... 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 25.06.2013 in I.TA.No.1144/Mds/2009,
Assessment Year 2006-07.
For Appellant : Mr.T.R.Senthil Kumar
Senior Standing Counsel
and
Mrs.K.G.Usha Rani
Standing Counsel
For Respondent : Mr.R.Sivaraman
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T.C.A.No.800 of 2013
JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
We have heard Mr.T.R.Senthil Kumar, learned Senior Standing
Counsel and Mrs.K.G.Usha Rani, learned Standing Counsel for the
appellant/Revenue and Mr.R.Sivaraman, 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) is directed against the order
dated 25.06.2013 made in I.TA.No.1144/Mds/2009 on the file of the
Income Tax Appellate Tribunal, Chennai, “C” Bench (for brevity, the
Tribunal) for the Assessment Year 2006-07.
3.The appeal was admitted on 10.02.2014 on the following
substantial question of law:
“Whether under the facts and in the circumstances of
the case, the Income Tax Appellate Tribunal was right in
holding that addition to the long term capital gains is to be
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T.C.A.No.800 of 2013
made to the extent of additional stamp duty paid by the
purchaser under the Samadhan Scheme introduced by the
Government of Tamil Nadu ?
2.Whether under the facts and in the circumstances of
the case, the Income Tax Appellate Tribunal was right in
holding that the remission of stamp duty under the
Samadhan Scheme of the Government of Tamil Nadu should
be considered in applying Section 50 C of the Income Tax
Act, 1961?”
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
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T.C.A.No.800 of 2013
substantial question of law framed is 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.
[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,
Coimbatore.
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T.C.A.No.800 of 2013
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
mkn
T.C.A.No.800 of 2013
25.02.2021
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