Madras High Court
Commissioner Of Income Tax vs P.Damodaran on 19 January, 2021
T.C.A.Nos.1024 to 1028 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 19.01.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
T.C.A.Nos.1024 to 1028 of 2010 and
M.P. No. 1 of 2010 ( 5 MPs)
Commissioner of Income Tax,
Chennai. ... Appellant in all TCAs
v.
P.Damodaran,
26/27, Errabalu Chetty Street,
Chennai – 600 001. ... Respondent in all TCAs
T.C.A. No.1024/2010 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, “D” Bench, dated 13.02.2009 in ITA.No.825/Mds/08
for the Assessment Year 1998-99.
T.C.A. No.1025/2010 : Appeal preferred under Section 260A of the
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T.C.A.Nos.1024 to 1028 of 2010
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, “D” Bench, dated 13.02.2009 in ITA.No.826/Mds/08
for the Assessment Year 1999-2000.
T.C.A. No.1026/2010 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, “D” Bench, dated 13.02.2009 in ITA.No.827/Mds/08
for the Assessment Year 2000-2001.
T.C.A. No.1027/2010 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, “D” Bench, dated 13.02.2009 in ITA.No.828/Mds/08
for the Assessment Year 2002-2003.
T.C.A. No.1028/2010 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, “D” Bench, dated 13.02.2009 in ITA.No.829/Mds/08
for the Assessment Year 2003-2004.
For Appellant : Ms.S.Premalatha, Junior Standing Counsel
for Mr.M.Swaminathan,
Senior Standing Counsel
For Respondent : Mr.M.P.Senthil Kumar
for Mr.G.Baskar
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T.C.A.Nos.1024 to 1028 of 2010
COMMON JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
We have heard Ms.S.Premalatha, learned Standing Counsel for
the appellant/Revenue and Mr.M.P.Senthil Kumar, learned counsel for
the respondent.
2. These appeals, filed by the Revenue under Section 260A of the
Income Tax Act, 1961 (for short, the Act) are directed against the order
dated 13.02.2009 made respectively in ITA.Nos.825/Mds/08,
826/Mds/08, 827/Mds/08, 828/Mds/08 & 829/Mds/08 on the file of the
Income Tax Appellate Tribunal, Chennai, ''C'' Bench (for brevity, the
Tribunal) for the Assessment Years 1998-99, 1999-2000, 2000-2001,
2002-2003 and 2003-2004.
3. The appeals were admitted on 07.02.2011 on the following
substantial question of law:
“Whether on the facts and in the
circumstances of the case, the Tribunal was right in
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T.C.A.Nos.1024 to 1028 of 2010
allowing the 801B deduction on 100% profits
returned, as against the 45% of the profits relatable
to production of Heat Shrinkable Sleeve - HSS
produced by the assessee, which was one of the 17
item in the CJK?”
4. The learned Standing Counsel for the appellant submits 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 all
the cases are less than the threshold limit.
5. In the light of the said submissions, the above Tax Case Appeals
are dismissed on account of the Low Tax Effect. The substantial question
of law framed is left open. In the event the tax effect in all these cases
are 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. Consequently, the connected
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T.C.A.Nos.1024 to 1028 of 2010
Miscellaneous Petitions are closed.
[M.D., J.] [T.V.T.S., J.]
19.01.2021
Index : Yes/No
Internet : Yes
Rj
To
The Income Tax Appellate Tribunal, Chennai, ''D'' Bench
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T.C.A.Nos.1024 to 1028 of 2010
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
Rj
T.C.A.Nos.1024 to 1028 of 2010 and
M.P. No. 1 of 2010 ( 5 MPs)
19.01.2021
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