Commissioner of Income-tax -IV, Chennai v. A. Manohar Prasad
[Citation -2019-LL-0819-123]

Citation 2019-LL-0819-123
Appellant Name Commissioner of Income-tax -IV, Chennai
Respondent Name A. Manohar Prasad
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 19/08/2019
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags low tax effect • monetary limit • remuneration • income from other source
Bot Summary: 1843/Mds/2009 on the file of the Income Tax Appellate Tribunal, Chennai 'C' Bench for the assessment year 2006-07. For Appellant: Mr.M.Swaminathan, SSC assisted by Ms.S.Premalatha, SC Respondent: served and no appearance Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.M.Swaminathan, learned Senior Standing Counsel, assisted by Ms.S.Premalatha, learned Standing Counsel appearing for the appellant Revenue. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 15.4.2010 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. 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.


TCA.No.973 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.973 of 2010 Commissioner of Income Tax -IV, Chennai ...Appellant Vs Sri.A.Manohar Prasad ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 15.4.2010 made in ITA.No.1843/Mds/2009 on file of Income Tax Appellate Tribunal, Chennai 'C' Bench for assessment year 2006-07. For Appellant: Mr.M.Swaminathan, SSC assisted by Ms.S.Premalatha, SC Respondent: served and no appearance Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.M.Swaminathan, learned Senior Standing Counsel, assisted by Ms.S.Premalatha, learned Standing Counsel appearing for appellant Revenue. 1/4 http://www.judis.nic.in TCA.No.973 of 2010 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 15.4.2010 made in ITA.No. 1843/Mds/2009 on file of Income Tax Appellate Tribunal, Chennai 'C' Bench for assessment year 2006-07. 3. appeal was admitted on 08.11.2010 on following substantial question of law : Whether, on facts and in circumstances of case, Appellate Tribunal was justified in holding that remuneration of Rs.84,00,000/- received by assessee as Director of company was assessable under head 'income from other sources' and not under head 'salaries' ignoring all relevant material? 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.973 of 2010 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 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. 19.8.2019 Internet: Yes To Income Tax Appellate Tribunal, Chennai 'C' Bench. RS 3/4 http://www.judis.nic.in TCA.No.973 of 2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.973 of 2010 19.8.2019 4/4 http://www.judis.nic.in Commissioner of Income-tax -IV, Chennai v. A. Manohar Prasad
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