Commissioner Of Income Tax vs S.Duraipandi & ...
2021 Latest Caselaw 6084 Mad

                                                                            T.C.A.No.80 of 2014

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATE: 08.03.2021

                                                     CORAM:

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

                                                T.C.A.No.80 of 2014

                     Commissioner of Income Tax,
                     Central Circle, Chennai.                                 ... Appellant
                                                         Vs.

                     S.Duraipandi & S.Thalavaipandian
                     C/o CNGSN & Associates,
                     No.22, Vijayaraghava Road,
                     T.Nagar, Chennai – 600 017.                              ... 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 20.03.2013 in I.TA.No.2228/Mds/2012 Assessment
                     Year 2007-08.
                               For Appellant    : Mr.T.R.Senthil Kumar,
                                                  Senior Standing Counsel
                                                  assisted by Mrs.K.G.Usha Rani

                               For Respondent   : Mr.R.Sivaraman




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                                                                                T.C.A.No.80 of 2014



                                                      JUDGMENT

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

Heard the learned counsel for the appellant.

2.The Revenue preferred this appeal challenging the order passed

by the Income Tax Appellate Tribunal in I.T.A.No.2228/Mds/2012 dated

20.03.2013.

3.The appeal was admitted on 22.07.2014 on the following

substantial question of law:

“Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in directing the Assessing Officer to treat the cash seized to be first given credit as advance tax payment and then re-compute the interest u/s 234-A, 234-B and 234-C for all the assessment years 2002-

2003 to 2008-09?”

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4.It may not be necessary for us to answer the above substantial

question of law, as the monetary limit in this appeal is lesser than the

amount fixed by the Circular instructions issued by the Central Board of

Direct Taxes in Circular No.3/2018 dated 11.07.2018. The said circular

covers the issue regarding chargeability of interest also. In paragraph – 4

of the said Circular it has been stated that in case the chargeability of

interest is the issue under dispute, the amount interested shall be the tax

effect. Since the quantum of interest charged under Section 234-D of the

Income Tax Act in the present case is lesser than Rs.50,00,000/- as stated

in the Circular No.3/2018 dated 11.07.2018, the Tax Case Appeal is

liable to be dismissed. Accordingly, the Tax Case Appeal is dismissed.

The substantial question of law is left open for consideration in an

appropriate case. No costs.

                     Index : Yes/No                                [M.D., J.]    [T.V.T.S., J.]
                     Internet : Yes                                         08.03.2021
                     va                                                         (6/7)

                     To

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

Page 3/4 https://www.mhc.tn.gov.in/judis/ T.C.A.No.80 of 2014

M.DURAISWAMY, J.

and T.V.THAMILSELVI, J.

va

T.C.A.No.80 of 2014 (6/7)

08.03.2021

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