The Commissioner of Income-tax, Central Circle-II(1), Chennai v. G. Sulochana
[Citation -2019-LL-0816-51]

Citation 2019-LL-0816-51
Appellant Name The Commissioner of Income-tax, Central Circle-II(1), Chennai
Respondent Name G. Sulochana
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 16/08/2019
Assessment Year 1986-87, 1987-88, 1988-89, 1989-90, 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97
Judgment View Judgment
Keyword Tags income tax appellate tribunal • block assessment • low tax effect • monetary limit
Bot Summary: 79/Mds/2003 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the block assessment period 1986-87 to 1996-97. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 29.1.2010 made in IT(SS)A.No. Whether, on the facts and circumstances of the case, the Tribunal was right in deleting the additions without giving any finding contrary to the finding of the Assessing Officer And iii. Whether, on the facts and circumstances of the case, the Tribunal was right in following the order passed by this High Court in TCA.Nos. 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. 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 : 16.8.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.776 of 2010 Commissioner of Income Tax, Central Circle II(1), Chennai ...Appellant Vs Mrs.G.Sulochana ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 29.1.2010 made in IT(SS)A.No.79/Mds/2003 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench for block assessment period 1986-87 to 1996-97. For Appellant : Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, JSC For Respondent : No appearance 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. 1/4 TCA.No.776 of 2010 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 29.1.2010 made in IT(SS)A.No.79/Mds/2003 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench for block assessment period 1986-87 to 1996-97. 3. appeal was admitted on 10.8.2010 on following substantial questions of law : i. Whether, on facts and circumstances of case, Tribunal was right in fixing its own value contrary to value fixed by DVO ? ii. Whether, on facts and circumstances of case, Tribunal was right in deleting additions without giving any finding contrary to finding of Assessing Officer ? And iii. Whether, on facts and circumstances of case, Tribunal was right in following order passed by this High Court in TCA.Nos.926 to 928 of 2004 dated 20.12.2004 when Revenue preferred SLP against order ? 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. 2/4 http://www.judis.nic.in TCA.No.776 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. 16.8.2019 Internet: Yes To Income Tax Appellate Tribunal, Chennai 'A' Bench. RS 3/4 http://www.judis.nic.in TCA.No.776 of 2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.776 of 2010 16.8.2019 4/4 Commissioner of Income-tax, Central Circle-II(1), Chennai v. G. Sulochana
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