The Commissioner of Income-tax, Ward IV(1), Chennai v. Nirmala Chandrasekaran
[Citation -2019-LL-0819-139]

Citation 2019-LL-0819-139
Appellant Name The Commissioner of Income-tax, Ward IV(1), Chennai
Respondent Name Nirmala Chandrasekaran
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 19/08/2019
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags low tax effect • monetary limit • investment income • capital gain • rate of tax
Bot Summary: 654/Mds/2006 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2002-03. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent: Mr.G.Baskar 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 the appellant Revenue and Mr.G.Baskar, 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 14.12.2007 made in ITA. No.654/Mds/2006 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2002-03. 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.1176 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.1176 of 2010 Commissioner of Income Tax, Ward IV(1), Chennai-34. ...Appellant Vs Smt.Nirmala Chandrasekaran ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 14.12.2007 made in ITA.No.654/Mds/2006 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment year 2002-03. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent: Mr.G.Baskar 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 respondent assessee. 1/4 http://www.judis.nic.in TCA.No.1176 of 2010 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 14.12.2007 made in ITA. No.654/Mds/2006 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment year 2002-03. 3. appeal was admitted on 11.1.2011 on following substantial question of law : Whether, on facts and in circumstances of case, Tribunal was right in holding that long term capital gains that arose as result of pro-closure of investment in specified schemes notified by Government should be taxed only @ 10% and not 20% as assessed by Assessing Officer ? 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.1176 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. 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.1176 of 2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.1176 of 2010 19.8.2019 4/4 http://www.judis.nic.in Commissioner of Income-tax, Ward IV(1), Chennai v. Nirmala Chandrasekaran
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