Judgt. dt.5.9.19 in T.C.606/2008 CIT v. Karmen International (P) Ltd 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 5.9.2019 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE C.SARAVANAN Tax Case No.606 of 2008 Commissioner of Income Tax Tamil Nadu-I, Madras. Appellant Vs. M/s.Karmen International (P) Ltd., Plot No.12, Ponniamman Nagar Road, Ayanambakam, Chennai 600 095. Respondent Tax Case filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 7.12.2007 made in ITA No.550/Mds/2007. For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Mr.S.Sridhar JUDGMENT (Delivered by DR.VINEET KOTHARI,J) This Tax Case has been filed by Revenue, calling in question correctness of order passed by Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 7.12.2007 made in ITA No.64/Mds/2007, for Assessment Year 2003-2004, by raising following substantial question of law: http://www.judis.nic.in Judgt. dt.5.9.19 in T.C.606/2008 CIT v. Karmen International (P) Ltd 2/4 "Whether on facts and in circumstances of case Appellate Tribunal was right in holding, since assessee was maintaining separate books of accounts in respect of export unit, deduction under Section 80 HHC should be allowed without setting off loss of domestic unit against profit of export unit is valid in law?" 2. When matter is taken up for hearing, learned Senior Standing Counsel brought to our notice Circular instruction issued by Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, wherein, it is stipulated that appeals shall not be filed/pursued by Department before High Court in cases where tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In instant case, tax effect is said to be less than monetary limit imposed and therefore, Appeal filed by Revenue is dismissed, as withdrawn, keeping open substantial question of law for determination in appropriate cases. No costs. (V.K.,J.) (C.S.N.,J.) 5.9.2019 http://www.judis.nic.in Judgt. dt.5.9.19 in T.C.606/2008 CIT v. Karmen International (P) Ltd 3/4 Index : Yes/No Internet : Yes/No ssk. To 1. Commissioner of Income Tax Tamil Nadu-I, Madras. 2. Income Tax Appellate Tribunal, 'B' Bench, Chennai. 3. M/s.Karmen International (P) Ltd., Plot No.12, Ponniamman Nagar Road, Ayanambakam, Chennai 600 095. 4. Income Tax Officer (OSD) Company Circle-II(4) Chennai. http://www.judis.nic.in Judgt. dt.5.9.19 in T.C.606/2008 CIT v. Karmen International (P) Ltd 4/4 DR.VINEET KOTHARI, J. and C.SARAVANAN, J. ssk. T.C.No.606 of 2008 5.9.2019. http://www.judis.nic.in Commissioner of Income-tax Tamil Nadu-I, Madras v. Karmen International (P) Ltd