Madras High Court
Commissioner Of Income Tax vs Shri N. Krishnamurthy on 8 August, 2022
TCA.Nos.703 to 706 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2022
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A.Nos. 703 to 706 of 2015
Commissioner of Income Tax,
Chennai .. Appellant in all appeals
Versus
Shri N. Krishnamurthy,
22, Gilchrist Avenue,
Chetpet, Chennai .. Respondent in all appeals
Prayer : Tax Case Appeals filed under Section 260 A of the Income Tax
Act, 1961 against the order of the Income Tax Appellate Tribunal Madras “C”
Bench, dated 25.07.2014 passed in respective ITA.Nos.907, 908, 909 and
910/Mds/2014 for the respective Assessment Years 2004-05, 2005-06, 2004-05
and 2005-06.
For Appellant in all appeals : Mr.T. Ravikumar
Senior Standing Counsel
For Respondent in all appeals: Mr. S. Sridhar
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https://www.mhc.tn.gov.in/judis
TCA.Nos.703 to 706 of 2015
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 25.07.2014 passed by the
Income Tax Appellate Tribunal Madras “C” Bench, in ITA.Nos.907, 908, 909
and 910/Mds/2014 for the respective assessment years 2004-05, 2005-06,
2004-05 and 2005-06.
2. This Court, by order dated 28.09.2015 has 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 holding that it is a fit case
for deletion of penalty under sections 271D and 271E on
the ground that the cash loan transaction is genuine, when
the assessee had not produced any details and had not
substantiated the compelling circumstances to avail and
repay the loan in cash in spite of the direction of the
Tribunal in the earlier order?'
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TCA.Nos.703 to 706 of 2015
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 are 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 an
appropriate case. No costs.
[R.M.D,J.] [M.S.Q., J.]
08.08.2022
msr
Index : Yes / No
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https://www.mhc.tn.gov.in/judis
TCA.Nos.703 to 706 of 2015
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
msr
To
1. Commissioner of Income Tax,
Chennai.
2. The Income Tax Appellate Tribunal Madras “C” Bench
Chennai.
3. The Additional Commissioner of Income Tax,
Range XVI, Chennai.
4. The Commissioner of Income Tax (Appeals)-VI,
Chennai.
T.C.A.Nos. 703 to 706 of 2015
08.08.2022
https://www.mhc.tn.gov.in/judis
