TCA.No.17 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.17 of 2010 Commissioner of Income Tax, Coimbatore ...Appellant Vs Dr.R.A.Ganesan ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 11.1.2008 made in IT(SS)A.No.9/Mds/2005 on file of Income Tax Appellate Tribunal, Chennai 'D' Bench for block assessment period 1996-97 to 2002-03. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent: Mr.A.S.Sriraman 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 Standing Counsel appearing for appellant Revenue and Mr.A.S.Sriraman, learned counsel appearing for 1/4 http://www.judis.nic.in TCA.No.17 of 2010 respondent assessee. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 11.1.2008 made in IT(SS)A.No.9/Mds/2005 on file of Income Tax Appellate Tribunal, Chennai 'D' Bench for block assessment period 1996-97 to 2002-03. 3. appeal was admitted on 18.1.2010 on following substantial questions of law : i. Whether, on facts and in circumstances of case, Income Tax Appellate Tribunal was right in entertaining issue relating to non issuance of warrant for first time when assessee has participated in block assessment proceedings and had not raised said issue before Commissioner of Income Tax (Appeals) ? ii. Whether, on facts and in circumstances of case, Tribunal was right in deleting addition made towards money paid for purchase of land even though this was proved statement recorded under Section 132(4) of Income Tax Act, 1961? iii. Whether, on facts and in circumstances of case, Tribunal was right in deleting addition made relating to unexplained credit of Rs.4.5 lakhs without taking into consideration credit worthiness of 2/4 http://www.judis.nic.in TCA.No.17 of 2010 lenders ? And iv. Whether, on facts and in circumstances of case, Tribunal was right in holding that surcharge under Section 113 is not leviable on ground that search in this case was held prior to 01.6.2002? 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 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. 19.8.2019 RS 3/4 http://www.judis.nic.in TCA.No.17 of 2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS Internet: Yes To Income Tax Appellate Tribunal, Chennai 'D' Bench. TCA.No.17 of 2010 19.8.2019 4/4 http://www.judis.nic.in Commissioner of Income-tax, Coimbatore v. R.A. Ganesan