Commissioner Of Income Tax vs Smt. Suraj Kumari Jain
2022 Latest Caselaw 13944 Mad

                                                                                 TCA.Nos. 29 and 30 of 2013


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 04.08.2022

                                                       CORAM

                                  THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                                         and
                           THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

                                             T.C.A.Nos. 29 and 30 of 2013


                    Commissioner of Income Tax,
                    Chennai                                      .. Appellant in both appeals
                                                        Versus

                    Smt. Suraj Kumari Jain,
                    No.46, Dewan Rama Road,
                    Purasawalkam,
                    Chennai 600 084.                             .. Respondent in TCA.No.29/2013

                    Shri Mukesh Kumar Jain,
                    No.46, Dewan Rama Road,
                    Purasawalkam,
                    Chennai 600 084.                             .. Respondent in TCA.No.30/2013

                              Tax Case Appeals filed under Section 260A of the Income Tax Act,
                    1961, against the order of the Income Tax Appellate Tribunal Madras “A”
                    Bench, dated 03.05.2012 passed in ITA.Nos.345 & 346/Mds/2012 for the
                    assessment year 2003-04.




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                                                                                   TCA.Nos. 29 and 30 of 2013




                                           For Appellant   :   Mr.T,Ravikumar
                                                               Standing Counsel in both TCAs

                                           For Respondents : Mr.R.Sivaraman in both TCAs


                                                 COMMON JUDGMENT

                              (Judgment of the Court was delivered by R. MAHADEVAN, J.)


                              These Tax Case Appeals have been filed by the appellant / revenue,

                    questioning the correctness of the order dated 03.05.2012 passed by the

                    Income Tax Appellate Tribunal Madras “A” Bench, in              ITA.Nos.345 &

                    346/Mds/2012, relating to the assessment year 2003-04.



                              2.By order dated 19.02.2013, this court admitted the aforesaid tax case

                    appeal on the following substantial question of law:

                                   ' Whether on facts and circumstances of the case, the
                                  Tribunal was right in holding that the order of the
                                  assessing officer in making addition of Rs.45,00,000/-
                                  invested by the assessee into ITCOT Ltd., as unexplained
                                  investment under Section 69 cannot be sustained in
                                  law?”




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                                                                                  TCA.Nos. 29 and 30 of 2013


                                  3. When the matters were taken up for consideration, the learned

                    counsel for the appellant / Revenue brought to the notice of this court the

                    Circular No.17/2019 dated 08.08.2019 issued by the Central Board Direct

                    Taxes, wherein, it is stipulated that appeals shall not be filed/pursued by the

                    Department before the High Court in cases where the tax effect does not

                    exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax

                    effect in these appeals is less than the threshold limit.



                                  4. In the light of the aforesaid submissions made by the learned

                    counsel for the appellant / Revenue, the present appeals, wherein, the tax

                    effect is said to be less than the monetary limit imposed, are dismissed as

                    withdrawn, keeping open the substantial question of law for determination in

                    appropriate cases. No costs.



                                                                     [R.M.D,J.]       [M.S.Q., J.]
                                                                               04.08.2022
                    msr
                    Index         : Yes / No




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                                                                              TCA.Nos. 29 and 30 of 2013




                                                                     R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

msr

To

1. The Commissioner of Income Tax, Chennai III (i/c), Chennai.

2. The Commissioner of Income Tax (Appeals)-V Chennai-34

3. The Income Tax Appellate Tribunal Madras “A” Bench, Chennai.

T.C.A.Nos. 29 and 30 of 2013

04.08.2022

https://www.mhc.tn.gov.in/judis