Madras High Court
The Principal Commissioner Of Income ... vs Shri.George Gee Varghese on 19 October, 2024
Bench: R.Suresh Kumar, C.Saravanan
T.C.A.No.489 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case Appeal No.489 of 2023
The Principal Commissioner of Income Tax-I
Chennai. .... Appellant
Vs.
Shri.George Gee Varghese .... Respondent
-----
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order of the Income Tax Appellate Tribunal, Chennai, dated
10.05.2023 made in I.T.A.No.3004 of 2018.
For Appellant : Mr.T.Ravikumar
Senior Standing Counsel
For Respondent : Mr.R.Venkatanarayanan
for M/s.Subbaraya Aiyar Padmanabhan
-----
JUDGMENT
(Delivered by R.SURESH KUMAR, J.)
This Tax Case Appeal has been filed by the Revenue calling in question
the correctness of the order passed by the Income Tax Appellate Tribunal,
Chennai by raising the following substantial questions of law:
https://www.mhc.tn.gov.in/judis
"(i) Whether on the facts and circumstances of the case, the
Tribunal was justified in allowing the claim of the Assessee
that it was an agricultural land that was sold and that the
same is not liable to capital gains especially when the Assessee
had not admitted any agricultural income from the said land,
nor any agricultural income was derived from the said land and
no expenses were incurred on the land as per the Returns
filed?
(ii) Is not finding of the Tribunal perverse especially when no
evidence has been produced by the Assessee to show that the
lands were agricultural in nature and that as per the Revenue
records the same had not been classified as Agricultural?
2. It is brought to our notice by the learned Standing Counsel for the
appellant Revenue that in the instant case, as per the CBDT's Circular No.9 of
2024 dated 17.09.2024 the tax effect is said to be less than the monetary limit
imposed and therefore, the appeal can be disposed of, keeping the substantial
questions of law raised in this appeal open for adjudication at a later point of
time.
3. It is further submitted by the learned Standing Counsel that to an e-
mail communication dated 04.10.2024 requesting instructions as to whether
https://www.mhc.tn.gov.in/judis
this case is covered under low tax effect, the reply given by the Revenue is in
the affirmative. Therefore, based on such instructions from the Revenue, the
learned Standing Counsel submits that this appeal can be disposed of.
4. Recording the aforesaid submission made by the learned Standing
Counsel for the appellant Revenue, this Tax Case Appeal is dismissed for low
tax effect, keeping open the substantial questions of law for adjudication at
appropriate stage. No costs.
(R.S.K.,J.) (C.S.N.,J.)
19.10.2024
NCS : Yes/No
Index : Yes/No
KST
To
The Income Tax Appellate Tribunal
Chennai.
https://www.mhc.tn.gov.in/judis
R.SURESH KUMAR, J.
AND
C.SARAVANAN, J.
KST
19.10.2024
https://www.mhc.tn.gov.in/judis
