The Commissioner of Income-tax, Chennai v. P. Damodaran
[Citation -2019-LL-0819-132]

Citation 2019-LL-0819-132
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name P. Damodaran
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 19/08/2019
Assessment Year 2001-02
Judgment View Judgment
Keyword Tags low tax effect • monetary limit • eligible profit • enhancement of income • addition to income
Bot Summary: 1094/ 2010 APPEALS under Section 260A of the Income Tax Act, 1961 against the common order dated 02.1.2009 made in ITA.Nos. 726/Mds/2008 for the assessment year 2002-03 on the file of the Income Tax Appellate Tribunal, Chennai 'D' Bench. These appeals, filed by the Revenue under Section 260A of the Income Tax Act, 1961, are directed against the common order dated 02.1.2009 made in ITA.Nos. The appeals were admitted on 14.3.2001 on the following substantial questions of law : i. Whether, on the facts and circumstances of the case, the Tribunal was right in enhancing the profit eligible under Section 80IB by adding back the disallowances made by the Assessing Officer that was not pressed before the Commissioner of Income Tax and ii. 1091-1094/2010 profits under Section 80IB when the Revenue's appeal as against the order of the Commissioner of Income Tax allowing deduction of entire profit was already there on the file of the Tribunal 4. The learned Senior Standing Counsel for the appellant submits that the above appeals are 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 appeals are dismissed on account of the low tax effect.


TCA.Nos.1091-1094/2010 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 Nos.1091 to 1094 of 2010 Commissioner of Income Tax, Chennai ...Appellant in all TCAs Vs Shri.P.Damodaran ...Respondent in TCA.Nos.1091 to 1093/2010 Smt.Padma Damodaran ...Respondent in TCA.No.1094/ 2010 APPEALS under Section 260A of Income Tax Act, 1961 against common order dated 02.1.2009 made in ITA.Nos.723 to 725/Mds/2008 respectively for assessment years 2001-02 to 2003-04 as well as ITA.No. 726/Mds/2008 for assessment year 2002-03 on file of Income Tax Appellate Tribunal, Chennai 'D' Bench. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondents:Mr.G.Baskar 1/4 http://www.judis.nic.in TCA.Nos.1091-1094/2010 COMMON JUDGMENT (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.G.Baskar, learned counsel appearing for respondents. 2. These appeals, filed by Revenue under Section 260A of Income Tax Act, 1961, are directed against common order dated 02.1.2009 made in ITA.Nos.723 to 725/Mds/2008 respectively for assessment years 2001-02 to 2003-04 as well as ITA.No.726/Mds/2008 for assessment year 2002-03 on file of Income Tax Appellate Tribunal, Chennai 'D' Bench. 3. appeals were admitted on 14.3.2001 on following substantial questions of law : i. Whether, on facts and circumstances of case, Tribunal was right in enhancing profit eligible under Section 80IB by adding back disallowances made by Assessing Officer that was not pressed before Commissioner of Income Tax (Appeals) ? and ii. Whether, on facts and circumstances of case, Tribunal was right in taking up assessee's appeal alone as regards eligible 2/4 http://www.judis.nic.in TCA.Nos.1091-1094/2010 profits under Section 80IB when Revenue's appeal as against order of Commissioner of Income Tax (Appeals) allowing deduction of entire profit was already there on file of Tribunal? 4. learned Senior Standing Counsel for appellant submits that above appeals are 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 respective cases is less than threshold limit. 5. In light of said submissions, above tax case appeals are dismissed on account of low tax effect. substantial questions of law framed are left open. In event tax effect in respective cases is above threshold limit fixed in said circular, liberty is granted to Revenue to make mention to this Court to restore appeals to be heard and decided on merits. No costs. 19.8.2019 RS 3/4 http://www.judis.nic.in TCA.Nos.1091-1094/2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS Internet: Yes To Income Tax Appellate Tribunal, Chennai 'D' Bench. TCA.Nos.1091 to 1094 of 2010 19.8.2019 4/4 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. P. Damodaran
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