The Principal Commissioner Of Income ... vs Dr.Hisamuddin Papa
2024 Latest Caselaw 19694 Mad

Madras High Court

The Principal Commissioner Of Income ... vs Dr.Hisamuddin Papa on 19 October, 2024

Bench: R.Suresh Kumar, C.Saravanan

                                                                                    T.C.A.No.152 of 2024

                                  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.152 of 2024


                   The Principal Commissioner of Income Tax-I
                   Chennai.                                               ....      Appellant

                                                           Vs.

                   Dr.Hisamuddin Papa                                     ....      Respondent


                                                          -----
                             Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
                   against the order of the Income Tax Appellate Tribunal, 'A' Bench Chennai,
                   dated 29.03.2023 made in I.T.A.No.787/Chny/2022.


                                   For Appellant       : Mr.T.Ravikumar
                                                         Senior Standing Counsel
                                                          -----

                                                    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 in the circumstances of the case the Tribunal was justified in allowing the claim of the Assessee that it was an agricultural land even though the assessee failed to produce evidences to show that he had performed agricultural operations on the land and no agricultural income was disclosed in the returns filed?

(ii) Is not the reasoning and finding of the Tribunal bad especially when no agricultural operations were done by the assessee and the land in question was sold to a Developer who sold the same to the third parties for construction of a residential housing project?

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

this case is covered under low tax effect, the reply given by the Revenue is in

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

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
                   'A' Bench, 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