The Commissioner Of Income Tax vs M/S.Ramaniyam Real Estate (P) Ltd
2022 Latest Caselaw 14044 Mad

                                                                               T.C.A.No.204 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 05.08.2022

                                                        CORAM

                                    THE HON'BLE Mr. JUSTICE R. MAHADEVAN
                                                         AND
                                  THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ



                                          Tax Case Appeal No.204 of 2014



                The Commissioner of Income Tax
                Chennai                                                              .. Appellant

                                                         Vs.

                M/s.Ramaniyam Real Estate (P) Ltd.
                Old No.11, New No.21, 2nd Main Road
                Gandhi Nagar
                Adyar, Chennai 600 020
                PAN : AAACR2276A                                                     .. Respondent

                          Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961

                against the order dated 30.08.2013 passed by the Income Tax Appellate

                Tribunal, 'D' Bench, Chennai, in I.T.A.No.1593/Mds/2012.

                                        For Appellant    : Mr.T.Ravikumar
                                                           Senior Standing Counsel

                                        For Respondent : Mr.A.S.Sriraman
                                                         for Mr.S.Sridhar

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                                                                                  T.C.A.No.204 of 2014




                                                   JUDGMENT

(Judgment was delivered by R. MAHADEVAN, J.)

This tax case appeal has been filed by the appellant/Revenue, calling in

question the correctness of the order dated 30.08.2013 passed by the Income

Tax Appellate Tribunal, 'D' Bench, Chennai, in I.T.A.No.1593/Mds/2012,

relating to the assessment year 2009-10.

2. By order dated 17.04.2014, this Court admitted the aforesaid tax case

appeal on the following substantial question of law :

“Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that developer or builder, is eligible for claiming benefit u/s.80(IB)(10) and assessee can be treated as developer or builder, eligible for claiming benefit u/s.80(IB)(10) of the Income Tax Act?”

3. When the matter was 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 appeal shall not be filed/pursued by the Department

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T.C.A.No.204 of 2014

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

this appeal 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 appeal, wherein, the tax effect is said to

be less than the monetary limit imposed, is dismissed as withdrawn, keeping

open the substantial questions of law for determination in an appropriate case.

No costs.

                                                                     [R.M.D, J.]         [M.S.Q, J.]
                                                                             05.08.2022
                Index        : Yes / No
                gya

                To
                1.The Commissioner of Income Tax
                Chennai

2.The Assistant Commissioner of Income Tax Company Circle V(1), Chennai 600 034

3.The Commissioner of Income Tax (Appeals) V Chennai 600 034

4.The Income Tax Appellate Tribunal 'D' Bench, Chennai

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

T.C.A.No.204 of 2014

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

gya

Tax Case Appeal No.204 of 2014

05.08.2022

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