Commissioner Of Income Tax vs T.Vijayakumar
2022 Latest Caselaw 14709 Mad

                                                                                         TCA.No.848 of 2015


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 22.08.2022

                                                        CORAM

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


                                                 T.C.A.No. 848 of 2015

                Commissioner of Income Tax,
                Chennai                                                             ..      Appellant
                                                        Versus

                T.Vijayakumar
                L/R of T.Srichand,
                28, BNVV Enclave,
                Anna Nagar,
                Trichy 620 018.                                                      .. Respondent

                          Tax Case Appeal filed under Section 260-A of the Income Tax Act,
                1961 against the order of the Income Tax Appellate Tribunal Madras “A”
                Bench, dated 30.01.2015 passed in IT(SS)A No.10/Mds/2014 in respect of
                Block Period 1.4.1995 to 31.3.2001 and 1.4.2001 and 13.7.2001.


                                        For Appellant   :    M/s.M. Swaminathan &
                                                             V. Pushpa
                                                             Standing Counsel



                1/4

https://www.mhc.tn.gov.in/judis
                                                                                          TCA.No.848 of 2015




                                                             JUDGMENT

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

This Tax Case Appeal has been filed by the appellant / revenue,

questioning the correctness of the order dated 30.01.2015 passed by the

Income Tax Appellate Tribunal Madras “A” Bench in IT(SS)A

No.10/Mds/2014 relating to Block Period 1.4.1995 to 31.3.2001 and

1.4.2001 and 13.7.2001.

2. On 7.10.2015, this tax case appeal is admitted by this Court on the

following substantial question of law;

' 1. Whether on the facts and circumstances of the case, the Tribunal was right in holding that the assessment order passed by the assessing officer under Section 158BD is barred by limitation when there is no time limit for initiation of proceedings under Section 158BD and the assessment order was within the time limit under Section 158BE(2)?”

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,

https://www.mhc.tn.gov.in/judis TCA.No.848 of 2015

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

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 question of law for determination in an appropriate case.

No costs.

                                                                   [R.M.D,J.]       [M.S.Q., J.]
                                                                           22.08.2022
                msr
                Index        : Yes / No


                To

1. The Assistant Commissioner of Income Tax, Circle-III, Trichy

2. The Commissioner of Income Tax (Appeals)-12 Tiruchirappalli

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

https://www.mhc.tn.gov.in/judis TCA.No.848 of 2015

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

msr

T.C.A.No. 848 of 2015

22.08.2022

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