The Commissioner of Income-tax, Salem v. R. Balamurugan
[Citation -2019-LL-0906-123]
| Citation | 2019-LL-0906-123 |
|---|---|
| Appellant Name | The Commissioner of Income-tax, Salem |
| Respondent Name | R. Balamurugan |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 06/09/2019 |
| Assessment Year | 1989-90, 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, 1997-98, 1998-99, 01/04/1999-19/01/2000 |
| Judgment | View Judgment |
| Keyword Tags | monetary limit • tax effect • cost of construction |
| Bot Summary: | JUDGMENT This Tax Case has been filed by the Revenue, calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 13.10.2006 made in IT(SS)A No.91/Mds/2004, for the Block Assessment Period from 1.4.1989 to 19.1.2000, by raising the following substantial questions of law: Judgt. 6.9.19 in T.C.1133/2008 CIT v. R.Balamurugan 2/4 i) Whether, on the facts and in the circumstances of the case, the Income Tax Tribunal is right in law in deleting the additions made on account of cost of construction ii) Whether, on the facts and in the circumstances of the case, the Income Tax Tribunal is right in not considering Section 158BB(ca) 2. When the matter is taken up for hearing, learned Senior Standing Counsel brought to our notice the Circular instruction issued by the 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 the Department before the High Court in cases where the tax effect does not exceed Rs.1,00,00,000/-. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the Appeal filed by the Revenue is dismissed, as withdrawn, keeping open the substantial questions of law for determination in appropriate cases. |