In High Court of Judicature at Madras Dated : 16.8.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.740 of 2010 Commissioner of Income Tax, Trichy ...Appellant Vs M/s.Asian Handloom, Karur. ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 20.11.2009 made in ITA.No.2291/Mds/2008 on file of Income Tax Appellate Tribunal, Madras 'A' Bench for assessment year 2005-06. For Appellant : Ms.S.Premalatha, JSC For Respondent : Mr.V.Sundareswaran Judgment was delivered by T.S.Sivagnanam,J We have heard Ms.S.Premalatha, learned Junior Standing Counsel, for appellant Revenue and Mr.V.Sundareswaran, learned counsel appearing for respondent - assessee. 1/4 TCA.No.740 of 2010 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 20.11.2009 made in ITA. No.2291/Mds/2008 on file of Income Tax Appellate Tribunal, Madras 'A' Bench for assessment year 2005-06. 3. appeal was admitted on 16.8.2010 on following substantial questions of law : i. Whether, on facts and circumstances of case, Tribunal was right in holding that depreciation at rate of 80% that is applicable to windmill is allowable on cost of civil works and electrical fittings ? And ii. Whether, on facts and circumstances of case, Tribunal was right in holding that depreciation is allowable on cost of land development expense? 4. learned Junior 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. 2/4 http://www.judis.nic.in TCA.No.740 of 2010 5. In light of said submissions, above tax case appeal is dismissed on account of low tax effect. substantial questions of law framed are 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. 16.8.2019 Internet: Yes To Income Tax Appellate Tribunal, Madras 'B' Bench. RS 3/4 TCA.No.740 of 2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.740 of 2010 16.8.2019 4/4 Commissioner of Income-tax, Trichy v. Asian Handloom