Madras High Court
Commissioner Of Income Tax vs Mr. M.K. Siraj on 15 June, 2021
T.C.A.Nos. 425 to 428 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 15.06.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R.HEMALATHA
T.C.A.Nos. 425 to 428 of 2014
Commissioner of Income Tax,
Central Circe,
Chennai. .. Appellant in all TCAs
v.
Mr. M.K. Siraj,
39 Wall Tax Road,
Chennai – 600 079. ... Respondent in T.C.A.
No.425 /2014
Mr. M.K. Sahira
39 Wall Tax Road,
Chennai – 600 079. ... Respondent in T.C.A.
No.426 /2014
Mr. M.K.sAMEERA
39 Wall Tax Road,
Chennai – 600 079. ... Respondent in T.C.A.
No.427 /2014
Mr. M.K. Sareena
39 Wall Tax Road,
Chennai – 600 079. ... Respondent in T.C.A.
No.428 /2014
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T.C.A.Nos. 425 to 428 of 2014
T.C.A. No.425 /2014 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, "C" Bench, dated 07.05.2013 in
ITA.No.291/Mds/2013 for the Assessment Year 2007-2008.
T.C.A. No.426/2014 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, "C" Bench, dated 07.05.2013 in
ITA.No.292/Mds/2013 for the Assessment Year 2007-2008.
T.C.A. No.427 /2014 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, "C" Bench, dated 07.05.2013 in
ITA.No.293/Mds/2013 for the Assessment Year 2007-2008.
T.C.A. No.428/2014 : Appeal preferred under Section 260A of the
Income Tax Act, 1961, against the order of the Income Tax Appellate
Tribunal, Madras, "C" Bench, dated 07.05.2013 in
ITA.No.294/Mds/2013 for the Assessment Year 2007-2008.
For Appellant : Mr. Karthik Ranganathan,
(in all TCAs) Senior Standing Counsel
For Respondents : Mr. Venkatnarayanan
(in all TCAs)
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T.C.A.Nos. 425 to 428 of 2014
COMMON JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
We have heard Mr. Karthik Ranganathan, learned Senior Standing
Counsel for the appellant/Revenue and Mr. Venkatnarayanan, learned
counsel for the respondent/assessee.
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 1 07.05.2013 made respectively in ITA.Nos...291/Mds/2013 ,
292Mds/2013, 293Mds/2013, & 294/Mds/2013 on the file of the
Income Tax Appellate Tribunal, Chennai, ''C'' Bench (for brevity, the
Tribunal) for the Assessment Year 2007-2008.
3. The appeals were admitted on 05.09.2014 on the following
substantial questions of law:
“ (i) Whether on the facts and in the
circumstances of the case the Income Tax Appellate
Tribunal is right in holding that the notice u/s 148 is
due to change of opinion when the Assessing Officer
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T.C.A.Nos. 425 to 428 of 2014
has not at all formed an opinion in the original
assessment u/s 143 (3)?
(ii) Whether on the facts and in the
circumstances of the case the Income Tax Appellate
Tribunal is right in holding that the assessee has
disclosed fully and truly all material facts necessary
for his assessment during the assessment proceedings
u/s 143 (3)?
(iii) Whether on the facts and in the
circumstances of the case the Income Tax Appellate
Tribunal is right in holding that reopening of the
assessment on the basis of materials produced by the
assessee at the fag end of the time barring date for
completion of original assessment amounting to
change of opinion, when the Assessing Officer has
not formed any opinion on the basis of the
information furnished at the fag end of the time
barring date? "
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
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T.C.A.Nos. 425 to 428 of 2014
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 Appeals
are dismissed on account of the Low Tax Effect. The substantial
questions of law framed are 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.
[M.D., J.] [R.H., J.]
Index : Yes/No 15.06.2021
Internet : Yes
Rj
To
The Income Tax Appellate Tribunal,
Chennai,"C" Bench
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T.C.A.Nos. 425 to 428 of 2014
M. DURAISWAMY, J.
and
R.HEMALATHA,J
Rj
T.C.A.Nos. 425 to 428 of 2014
15.06.2021
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