Madras High Court
Commissioner Of Income Tax vs M/S.Beverly Hotels Pvt. Ltd on 8 March, 2021
T.C.A.No.279 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2021
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
T.C.A.No.279 of 2014
Commissioner of Income Tax,
Chennai. ... Appellant
Vs.
M/s.Beverly Hotels Pvt. Ltd.,
No.17, Rajarathinam Street,
Kilpauk, Chennai – 600 010. ... 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 31.07.2013 in I.TA.No.521/Mds/2013, Assessment
Year 2008-09.
For Appellant : Mr.T.Ravikumar
Senior Standing Counsel
For Respondent : No appearance
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T.C.A.No.279 of 2014
JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
We have heard Mr.T.Ravikumar, learned Senior Standing Counsel
for the appellant/Revenue.
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 31.07.2013 made in I.TA.No.521/Mds/2013 on the file of the
Income Tax Appellate Tribunal, Chennai, “A” Bench (for brevity, the
Tribunal) for the Assessment Year 2008-09.
3.The appeal was admitted on 22.08.2014 on the following
substantial question of law:
“Whether on the facts and circumstances of
the case, the Income Tax Appellate Tribunal was
right in deleting the penalty under Section 271(1)(c)
when the fact remains that the assessee has
furnished inaccurate particulars and also concealed
the taxable income in the form of an illegitimate
claim of expenditure which was corrected only by
the detection by the Income Tax Department ?”
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T.C.A.No.279 of 2014
4.The learned Senior Standing Counsel 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is dismissed as withdrawn on account of the Low Tax Effect.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.]
08.03.2021
Index : Yes/No
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T.C.A.No.279 of 2014
Internet : Yes
mkn
To
1.The Income Tax Appellate Tribunal, Chennai, “A” Bench
2.The Commissioner of Income Tax,
Chennai.
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T.C.A.No.279 of 2014
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
mkn
T.C.A.No.279 of 2014
08.03.2021
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