Madras High Court
Commissioner Of Income Tax vs M/S. Seva Mandir Trust on 2 July, 2021
T.C.A.No.881 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 02.07.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R.HEMALATHA
T.C.A.No.881 of 2015
Commissioner of Income Tax,
D.P.Thottam, Muthialpet,
Puducherry 605 003. ... Appellant
v.
M/s. Seva Mandir Trust
Seva Mandir
Parangipettai via
Chidambaram Taluk
PAN:AAB TS 0118 G ... Respondent
Appeal preferred under Section 260A of the Income Tax Act,
1961, against the order of the Income Tax Appellate Tribunal, Madras,
"D" Bench, dated 21.01.2014 in ITA.No.1647/Mds/2013 for the
Assessment Year 2007-2008.
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T.C.A.No.881 of 2015
For Appellant : Mr. J.Narayanasamy
Senior Standing Counsel
For Respondent : Ms.Sriniraijani
for M/s.Philip George
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
We have heard Mr.J.Narayanasamy, learned Senior Standing
Counsel for the appellant/Revenue and Ms.Sriniraijani, learned counsel
for the respondent.
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 21.01.2014 made in ITA.No.1647/Mds/2013 on the file of the
Income Tax Appellate Tribunal, Chennai, "D" Bench (for brevity, the
Tribunal) for the Assessment Year 2007-2008.
3. The appeal was admitted on the following substantial questions
of law:-
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T.C.A.No.881 of 2015
“(i) Whether on the facts and circumstances of
the case, the Appellate Tribunal was right in
granting exemption u/s.10(23C) (iiiad) of the Income
Tax Act to the Assessee Trust, whose annual receipts
is more than Rs.1 Crore during the current
assessment year?
(ii) Whether on the facts and circumstances of
the case, the Appellate Tribunal was right in
admitting new evidences during the appellate
proceedings without giving opportunity to the
Assessing Officer as prescribed under Rule 46A of
the Income Tax Rules?
(iii) Whether the Tribunal is right in
concluding the receipts of the other Two Trusts are
also reflected in the Assessee Trust's income and
Expenditure statement, when the Two other Trusts
were granted Registration u/s.12AA only on
05.10.2009 that is much later to the present
assessment year 2007-08?”
4. The learned Senior Standing Counsel appearing for the
appellant submits that the above appeal is not pursued by the Revenue on
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T.C.A.No.881 of 2015
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 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.] [R.H., J.]
Index : Yes/No 02.07.2021
Internet : Yes
gv
To
The Income Tax Appellate Tribunal,
Chennai,"D" Bench
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T.C.A.No.881 of 2015
M. DURAISWAMY, J.
and
R.HEMALATHA,J
gv
T.C.A.No.881 of 2015
02.07.2021
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