The Commissioner Of Income Tax vs M/S.Vpg Family Trust
2022 Latest Caselaw 14743 Mad

                                                                    T.C.A.Nos.1297, 1298 & 1299 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 23.08.2022

                                                        CORAM

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



                                   Tax Case Appeal Nos.1297, 1298 and 1299 of 2009



                The Commissioner of Income Tax
                Circle-II
                Coimbatore                                 .. Appellant in all T.C.As

                                                         Vs.

                M/s.VPG Family Trust
                No.71, Thiruvengadaswamy Road
                R.S.Puram
                Coimbatore 641 002                              .. Respondent in all T.C.As

                          Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961
                against the common order dated 14.12.2007 passed by the Income Tax
                Appellate Tribunal, 'D' Bench, Chennai, in respective I.T.A.Nos.106/Mds/2007,
                107/Mds/2007 and 371/Mds/2006.
                                        For Appellant    : Mr.J.Narayanasamy
                                        in all T.C.As      Standing Counsel

                                        For Respondent : No appearance
                                        in all T.C.As
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                                                                   T.C.A.Nos.1297, 1298 & 1299 of 2009

                                           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 common order dated 14.12.2007 passed by

                the Income Tax Appellate Tribunal, 'D' Bench, Chennai, in respective

                I.T.A.Nos.106/Mds/2007, 107/Mds/2007 and 371/Mds/2006 for the assessment

                years 2001-02, 2003-04 and 2002-03.



                          2. By order dated 04.01.2010, this Court admitted the aforesaid tax case

                appeals on the following substantial question of law :

                                  “Whether the assessee trust was assessable under Section
                          161 of Income Tax Act to the extent of 100% of the income that
                          had accrued or arisen or at 10% distributed to the beneficiary
                          as claimed by the assessee?”


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

                Standing 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


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                                                                    T.C.A.Nos.1297, 1298 & 1299 of 2009

                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 Standing

                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.]
                                                                               23.08.2022
                Index        : Yes / No
                gya

                To
                1.The Commissioner of Income Tax
                Circle-II, Coimbatore

                2.The Assistant Commissioner of Income Tax
                Circle-II, Coimbatore

                3.The Commissioner of Income Tax (Appeals)-I
                Coimbatore

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




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                                         T.C.A.Nos.1297, 1298 & 1299 of 2009

                                               R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

gya

T.C.A.Nos.1297, 1298 & 1299 of 2009

23.08.2022

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