Commissioner Of Income Tax vs Dr. M.P. Naresh Kumar
2021 Latest Caselaw 1423 Mad

                                                                            T.C.A.No.1188 of 2009

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATE: 21.01.2021

                                                     CORAM:

                                    THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                                     AND
                                   THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                T.C.A.No.1188 of 2009


                     Commissioner of Income Tax,
                     Chennai                                                    ... Appellant

                                                         v.


                     Dr. M.P. Naresh Kumar,
                     93, Poes Garden, Chennai.                                  ... 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 20.02.2009 in ITA.No.332/Mds/2008 for the
                     Assessment Year 2003-04.


                               For Appellant    : Mr. T.R. Senthil Kumar,
                                                  Senior Standing Counsel

                               For Respondent   : Mr. R. Sivaraman



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                                                                            T.C.A.No.1188 of 2009

                                               COMMON JUDGMENT
                                   (Judgment was delivered by T.V.THAMILSELVI, J.)



                               We have heard Mr. T.R. Senthil Kumar,, learned Senior Standing

                     Counsel for the appellant/Revenue and Mr. R. Sivaraman 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 20.02.2009 made in ITA.No.332/Mds/2008 on the file of the

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

                     Tribunal) for the Assessment Year 2003-04.



                               3.The appeal was admitted on 13.11.2009 on the following

                     substantial question of law:

                                           “Whether on the facts and circumstances of
                                      the case, the Tribunal was right in dismissing the
                                      miscellaneous petition filed by the Revenue as
                                      misconceived?”



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                                                                               T.C.A.No.1188 of 2009

                               4.The learned Senior      Standing Counsel appearing 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 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.]
                                                                            21.01.2021

                     Index : Yes/No
                     Internet : Yes
                     Rj

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                                                          T.C.A.No.1188 of 2009




                     To

                     The Income Tax Appellate Tribunal,
                     Chennai, ''A'' Bench




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                                       T.C.A.No.1188 of 2009

                                    M. DURAISWAMY, J.

and T.V. THAMILSELVI, J.

Rj

T.C.A.No.1188 of 2009

21.01.2021

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