Commissioner Of Income Tax vs Mysore Leathers P.Ltd
2022 Latest Caselaw 661 Mad

                                                                              T.C.A. No. 7 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 11.01.2022

                                                     CORAM :

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

                                           Tax Case Appeal No. 7 of 2022


                  Commissioner of Income Tax
                  Chennai.                                                        .. Appellant
                                                       Versus


                  Mysore Leathers P.Ltd
                  1 Kumarappa Street
                  Periamet
                  Chennai – 600 003                                            .. Respondent

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

                  against the order of the Income Tax Appellate Tribunal, Chennai, “C” Bench,

                  dated 26.06.2002 in I.TA.No.3254/Mds/92.



                  For Appellant              :      Mr.M.Swaminathan
                                                    Senior Standing Counsel




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                                                                                     T.C.A. No. 7 of 2022

                                                 JUDGMENT

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

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

challenging the order dated 26.06.2002 passed by the Income Tax Appellate

Tribunal, Bench 'C', Chennai, in I.T.A.No.3254/Mds/92, relating to the

assessment year 1988-89, by raising the following substantial questions of

law:-

“1. Whether on the facts and in the circumstances of the case,

the Appellate Tribunal was right in upholding the order of the

CIT (A), which had been passed on the basis of fresh evidence

filed for the first time before him, without giving an opportunity

to the assessing officer?

2. Whether in the facts and circumstances of the case, the

Appellate Tribunal was right in not remandig the matter to the

assessing officer, when the provisions of Sec.40A(2) specifies

that the opinion of the Assessing Officer is necessary for

gauging if an expenditure is excessive or unreasonable?"

3.When the matter was taken up for consideration, the learned counsel

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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 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.)
                                                                            11.01.2022
                  dhk


                  Internet : Yes
                  Index : Yes / No


                                                                            R. MAHADEVAN, J.
                                                                                       and


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https://www.mhc.tn.gov.in/judis T.C.A. No. 7 of 2022

MOHAMMED SHAFFIQ, J.

dhk

To

1. The Commissioner of Income Tax Chennai.

2.The Income Tax Appellate Tribunal, Chennai, “C” Bench.

3. The Deputy Commissioner of Income Tax Special Range -X, Madras – 600 034

4. The Commissioner of Incometax (Appeals) IX Chennai – 600 034

T.C.A.No.7 of 2022

11.01.2022

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