Judgt. dt. 6.9.19 in T.C.1171/08 CIT v. Sree Uma Parameswari Mills Ltd. 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 6.9.2019 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE C.SARAVANAN Tax Case No.1171 of 2008 Commissioner of Income Tax Salem Appellant Vs. M/s.Sree Uma Parameswari Mills Ltd., 5/119, 2nd Street, State Bank Colony, P.B.No.402, Salem 636 004. Respondent Tax Case filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 20.5.2005 made in ITA No.522/Mds/1999. For Appellant : Mr.M.Swaminathan Senior Standing Counsel assisted by Ms.V.Pushpa, Jr. Standing Counsel For Respondent : No appearance. 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, 'D' Bench, Chennai, dated 20.5.2005 made in ITA No.522/Mds/1999, for Assessment Year 1995-1996, by raising following substantial question of law: http://www.judis.nic.in Judgt. dt. 6.9.19 in T.C.1171/08 CIT v. Sree Uma Parameswari Mills Ltd. 2/4 "Whether, on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that expenditure on replacement of old machinery by purchase and installation of new machinery was allowable as revenue expenditure?" 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case, tax effect is said to be less than monetary limit imposed and therefore, Appeal filed by Revenue is dismissed, as withdrawn, keeping open substantial question of law for determination in appropriate cases.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.) 6.9.2019 Index : Yes/No Internet : Yes/No ssk. http://www.judis.nic.in Judgt. dt. 6.9.19 in T.C.1171/08 CIT v. Sree Uma Parameswari Mills Ltd. 3/4 To 1. Commissioner of Income Tax Salem 2. Income Tax Appellate Tribunal, 'B' Bench, Chennai. 3. M/s.Sree Uma Parameswari Mills Ltd., 5/119, 2nd Street, State Bank Colony, P.B.No.402, Salem 636 004. 4. Joint Commissioner of Income Tax, Special Range, Salem. http://www.judis.nic.in Judgt. dt. 6.9.19 in T.C.1171/08 CIT v. Sree Uma Parameswari Mills Ltd. 4/4 DR.VINEET KOTHARI, J. and C.SARAVANAN, J. ssk. Tax Case No.1171 of 2008 6.9.2019. http://www.judis.nic.in Commissioner of Income-tax, Salem v. Sree Uma Parameswari Mills Ltd