The Commissioner Of Income Tax vs M/S.Ravikumar Properties Pvt. ...
2022 Latest Caselaw 14046 Mad

                                                                         T.C.A.Nos.417 & 418 of 2016

                                  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 Nos.417 and 418 of 2016
                                                        AND
                                               C.M.P.No.8993 of 2016


                The Commissioner of Income Tax
                Chennai                                             .. Appellant in both T.C.As

                                                         Vs.

                M/s.Ravikumar Properties Pvt. Ltd.
                1-C, Nandita Apartments
                47, Thirumalai Pillai Street
                T.Nagar, Chennai 600 017
                PAN : AACCR8692L                                    .. Respondent in both T.C.As
                          Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961
                against the order dated 30.06.2015 passed by the Income Tax Appellate
                Tribunal, 'A' Bench, Chennai, in respective I.T.A.No.1435/Mds/2013 and
                C.O.No.186/Mds/2013.
                                        For Appellant : Mr.T.Ravikumar
                                        in both T.C.As Senior Standing Counsel

                                        For Respondent : No appearance
                                        in both T.C.As
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                                                                          T.C.A.Nos.417 & 418 of 2016

                                         COMMON JUDGMENT
                                  (Judgment was delivered by R. MAHADEVAN, J.)
                          These tax case appeals have been filed by the appellant/Revenue, calling

                in question the correctness of the order dated 30.06.2015 passed by the Income

                Tax         Appellate   Tribunal,    'A'   Bench,     Chennai,     in       respective

                I.T.A.No.1435/Mds/2013         and    C.O.No.186/Mds/2013,       relating     to   the

                assessment years 2009-10.



                          2. By order dated 05.07.2016, this Court admitted the aforesaid tax case

                appeals on the following substantial question of law :

                                “Whether on the facts and in the circumstances of the case,
                          the Tribunal was right in upholding the order of CIT(A) who
                          deleted the additions made by the AO u/s.14A r/w.Rule 8D of the
                          Income Tax Act?”


                          3. When these 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 are less than the threshold limit.

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                                                                          T.C.A.Nos.417 & 418 of 2016

                          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. Consequently, connected miscellaneous petition is closed.



                                                                     [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(3), Chennai

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

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




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                                       T.C.A.Nos.417 & 418 of 2016

                                       R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

gya

T.C.A.Nos.417 & 418 of 2016

05.08.2022

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