The Commissioner of Income-tax, Circle V, Chennai v. Uma Maheswari
[Citation -2019-LL-0819-117]

Citation 2019-LL-0819-117
Appellant Name The Commissioner of Income-tax, Circle V, Chennai
Respondent Name Uma Maheswari
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 19/08/2019
Assessment Year 1989-90,1990-91,1991-92,1992-93,1993-94,1994-95,1995-96,1996-97,1997-98,1998-99,01.04.1999 to 08.12.1999
Judgment View Judgment
Keyword Tags low tax effect • monetary limit
Bot Summary: 5/Mds/10 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the block assessment period 01.4.1989 to 08.12.1999. For Appellant: Mrs.R.Hemalatha, SSC For Respondent: Mr.Kumar Judgment was delivered by T.S.Sivagnanam,J We have heard Mrs.R.Hemalatha, learned Senior Standing Counsel appearing for the appellant Revenue and Mr.Kumar, learned counsel appearing for the respondent assessee. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 31.3.2010 made in IT(SS)A.No. The appeal was admitted on 09.11.2010 on the following substantial question of law : Whether, on the facts and circumstances of the case, the Tribunal was right in law in deleting the penalty levied under Section 158BFA(2) of the Income Tax Act 4. 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. 983 of 2010 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.


TCA.No.983 of 2010 In High Court of Judicature at Madras Dated : 19.8.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.983 of 2010 Commissioner of Income Tax, Circle V, Chennai ...Appellant Vs Smt.Uma Maheswari ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 31.3.2010 made in IT(SS)A.No.5/Mds/10 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for block assessment period 01.4.1989 to 08.12.1999. For Appellant: Mrs.R.Hemalatha, SSC For Respondent: Mr.Kumar Judgment was delivered by T.S.Sivagnanam,J We have heard Mrs.R.Hemalatha, learned Senior Standing Counsel appearing for appellant Revenue and Mr.Kumar, learned counsel appearing for respondent assessee. 1/4 http://www.judis.nic.in TCA.No.983 of 2010 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 31.3.2010 made in IT(SS)A.No.5/Mds/10 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for block assessment period 01.4.1989 to 08.12.1999. 3. appeal was admitted on 09.11.2010 on following substantial question of law : Whether, on facts and circumstances of case, Tribunal was right in law in deleting penalty levied under Section 158BFA(2) of Income Tax Act? 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 framed is left open. In event tax effect is above threshold limit 2/4 http://www.judis.nic.in TCA.No.983 of 2010 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. 19.8.2019 Internet: Yes To Income Tax Appellate Tribunal, Chennai 'B' Bench. RS 3/4 http://www.judis.nic.in TCA.No.983 of 2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.983 of 2010 19.8.2019 4/4 http://www.judis.nic.in Commissioner of Income-tax, Circle V, Chennai v. Uma Maheswari
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