Judgt. dt. 6.9.19 in T.C.1344/2009 CIT v. P.Ananthanayagi 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.1344 of 2009 Commissioner of Income Tax Chennai IV. Appellant Vs. Smt.P.Ananthanayagi Respondent Tax Case filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 29.5.2009 made in ITA No.2053/Mds/2008. For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Ms.Sree Lakshmi Valli. 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, 'C' Bench, Chennai, dated 29.5.2009 made in ITA No.2053/Mds/2008, for Assessment Year 2005-2006, by raising following substantial question of law: http://www.judis.nic.in Judgt. dt. 6.9.19 in T.C.1344/2009 CIT v. P.Ananthanayagi 2/4 "(i) Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that assessee was entitled to exemption under Section 54F claimed at Rs.16,96,579/- even though assessee owned two residential properties at time of claiming exemption under Section 54F?" 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case, tax effect is said to be less than monetary limit imposed and therefore, Appeal filed by Revenue is dismissed, as withdrawn, keeping open substantial question of law for determination in appropriate cases.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.1344/2009 CIT v. P.Ananthanayagi 3/4 To 1. Commissioner of Income Tax Chennai IV. 2. Income Tax Appellate Tribunal, 'C' Bench, Chennai. 3. Income Tax Officer, Business Ward I (1), Chennai 600 034. http://www.judis.nic.in Judgt. dt. 6.9.19 in T.C.1344/2009 CIT v. P.Ananthanayagi 4/4 DR.VINEET KOTHARI, J. and C.SARAVANAN, J. ssk. Tax Case No.1344 of 2009 6.9.2019. http://www.judis.nic.in Commissioner of Income-tax Chennai IV v. P.Ananthanayagi