Judgt. dt. 6.9.19 in T.C.1170/08 CIT v. Paradigm IT Pvt 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.1170 of 2008 Commissioner of Income Tax Chennai Appellant Vs. M/s.Paradigm IT Private Limited, 3, Play Ground View Street, Nandanam Extension, Chennai 600035. Respondent Tax Case filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 7.2.2008 made in ITA No.2386/Mds/2006. 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, 'B' Bench, Chennai, dated 7.2.2008 made in ITA No.2386/Mds/2006, for Assessment Year 2002-2003, by raising http://www.judis.nic.in Judgt. dt. 6.9.19 in T.C.1170/08 CIT v. Paradigm IT Pvt Ltd 2/4 following substantial question of law: "Whether, on facts and circumstances of case, Tribunal was right in holding that assessee is entitled to benefit of Section 10A in respect of its unit at Kochi, when plant and machinery there had been transferred from existing unit at Chennai?" 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case, tax effect is said to be less than monetary limit imposed and therefore, Appeal filed by Revenue is dismissed, as withdrawn, keeping open substantial question of law for determination in appropriate cases.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.1170/08 CIT v. Paradigm IT Pvt Ltd 3/4 To 1. Commissioner of Income Tax Chennai 2. Income Tax Appellate Tribunal, 'B' Bench, Chennai. 3. M/s.Paradigm IT Private Limited, 3, Play Ground View Street, Nandanam Extension, Chennai 600 035. 4. Deputy Commissioner of Income Tax, Company Circle V(1), Chennai 600 034. http://www.judis.nic.in Judgt. dt. 6.9.19 in T.C.1170/08 CIT v. Paradigm IT Pvt Ltd 4/4 DR.VINEET KOTHARI, J. and C.SARAVANAN, J. ssk. Tax Case No.1170 of 2008 6.9.2019. http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Paradigm IT Private Limited