The Commissioner of Income-tax, Chennai v. Shri Vijaya Gimpex Mining Pvt. Ltd
[Citation -2019-LL-0814-78]

Citation 2019-LL-0814-78
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name Shri Vijaya Gimpex Mining Pvt. Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 14/08/2019
Assessment Year 2003-04
Judgment View Judgment
Keyword Tags low tax effect • monetary limit • manufacturing activity
Bot Summary: 2324/Mds/2007 on the file of the Income Tax Appellate Tribunal, Madras 'A' Bench for the assessment year 2003-04. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 06.6.2008 made in ITA.No. The learned Senior Standing Counsel for the appellant submits that the above appeal is not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. By the said Circular, the monetary limit for filing or pursuing an appeal before the High Court has been increased to Rs.1 Crore. It is further submitted that the tax effect in this case is less than the threshold limit. In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits.


In High Court of Judicature at Madras Dated : 14.8.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.2058 of 2008 Commissioner of Income Tax, Chennai Appellant Vs M/s.Shri Vijaya Gimpex Mining Pvt.Ltd., Hyderabad ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 06.6.2008 made in ITA.No.2324/Mds/2007 on file of Income Tax Appellate Tribunal, Madras 'A' Bench for assessment year 2003-04. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, JSC For Respondent: Ms.Sree Lakshmi Valli Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel, assisted by Ms.K.G.Usharani, learned Junior Standing Counsel for appellant Revenue and Ms.Sree Lakshmi Valli, learned counsel appearing 1/4 TCA.No.2058 of 2008 for respondent assessee. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 06.6.2008 made in ITA.No. 2324/Mds/2007 on file of Income Tax Appellate Tribunal, Madras 'A' Bench for assessment year 2003-04. 3. appeal was admitted on 20.1.2009 on following substantial question of law : Whether, on facts and circumstances of case, Tribunal was right in allowing deduction under Section 80IB when assessee is not engaged in manufacturing activities ? 4. learned Senior Standing Counsel for appellant submits that above appeal is not pursued by Revenue on account of low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by Central Board of Direct Taxes. By said Circular, monetary limit for filing or pursuing appeal before High Court has been increased to Rs.1 Crore. It is further submitted that tax effect in this case is less than threshold limit. 5. In light of said submissions, above tax case appeal is dismissed on account of low tax effect. substantial question of law 2/4 http://www.judis.nic.in TCA.No.2058 of 2008 framed is left open. In event tax effect is above threshold limit fixed in said circular, liberty is granted to Revenue to make mention to this Court to restore appeal to be heard and decided on merits. No costs. 14.8.2019 Internet: Yes To Income Tax Appellate Tribunal, Madras 'A' Bench. RS 3/4 TCA.No.2058 of 2008 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.2058 of 2008 14.8.2019 4/4 Commissioner of Income-tax, Chennai v. Shri Vijaya Gimpex Mining Pvt. Ltd
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