The Commissioner Of Income Tax vs G. Gita
2021 Latest Caselaw 12476 Mad

                                                                              T.C.A.No.182 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATE: 25.06.2021

                                                      CORAM:

                                    THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                                     AND
                                    THE HON'BLE MRS.JUSTICE R.HEMALATHA

                                                T.C.A.No.182 of 2015

                     The Commissioner of Income Tax,
                     Chennai.                                                 ... Appellant
                                                          v.

                     G. Gita                                                 ... Respondent

                               Appeal preferred under Section 260A of the Income Tax Act,
                     1961, against the order of the Income Tax Appellate Tribunal, Madras,
                     "C" Bench, dated 31.07.2014 in ITA.No.1142/Mds/2014 for the
                     Assessment Year 2009-10.


                               For Appellant    : Mr. Karthik Ranganathan,
                                                  Senior Standing Counsel

                               For Respondent   : Mr. Ashokapathy
                                                  for M/s.Pass Associates




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                                                                                  T.C.A.No.182 of 2015

                                                       JUDGMENT

(Judgment was delivered by M. DURAISWAMY, J.)

We have heard Mr. Karthik Ranganathan, learned Senior Standing

Counsel for the appellant/Revenue and Mr.Ashokapathy, 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 31.07.2014 made in ITA.No.1142/Mds/2014 on the file of the

Income Tax Appellate Tribunal, Chennai, "C" Bench (for brevity, the

Tribunal) for the Assessment Year 2009-2010.

3. The appeal was admitted on the following substantial question

of law:-

“Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in ignoring the revised return filed by the assessee in terms of Section 139(5) of the Income Tax Act?”

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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.]   [R.H., J.]
                     Index : Yes/No                                           25.06.2021
                     Internet : Yes
                     gv


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https://www.mhc.tn.gov.in/judis/ T.C.A.No.182 of 2015

M. DURAISWAMY, J.

and R.HEMALATHA,J

gv

To The Income Tax Appellate Tribunal, Chennai,"C" Bench

T.C.A.No.182 of 2015

25.06.2021

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