IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.09.2019 CORAM : HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.30 of 2009 Commissioner of Income Tax, Chennai. ... Appellant Vs. M/s.Teledata Informatics Limited, 2AB, Gee Gee Emerald, 151, Village Road, Nungambakkam, Chennai-600 034. ... Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 14.08.2008 made in ITA No.2427/Mds/2007. For Appellant : Ms.V.Puspha Jr. Standing Counsel Page 1 of 4 Judgment dt. 16.09.2019 in T.C.(A) No.30 of 2009 CIT v. M/s.Teledata Informatics Ltd. ORDER (Order of Court was made by DR.VINEET KOTHARI,J.)) This Tax Case Appeal has been filed by Revenue calling in question correctness of order passed by Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, by raising following substantial question of law: "Whether on facts and circumstances of case, Tribunal was right in holding that amount of export proceeds not realised within he statutory time limit, should be excluded from turnover as well as profit? 2. When matter is taken up for hearing, learned Standing Counsel brought to our notice Circular instruction issued by Central Board of Direct Taxes vide Circular No.17/2019 dated 08.08.2019 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 Crore. Page 2 of 4 http://www.judis.nic.in Judgment dt. 16.09.2019 in T.C.(A) No.30 of 2009 CIT v. M/s.Teledata Informatics Ltd. 3. In instant case, tax effect is said to be less than monetary limit imposed and therefore, appeal filed by Revenue is dismissed as not pressed, keeping open substantial question of law for determination in appropriate case. (V.K.,J.) (C.S.N.,J.) 16.09.2019 Index : Yes/No bbr To: 1. Registrar, Income Tax Appellate Tribunal, Madras "C" Bench, Chennai. 2. Commissioner of Income Tax (Appeals)-VIII, 121, Mahatma Gandhi Salai, Nungambakkam, Chennai-34. 3. Assistant Commissioner of Income-tax, Company Circle-III (2) Chennai-34. Page 3 of 4 http://www.judis.nic.in Judgment dt. 16.09.2019 in T.C.(A) No.30 of 2009 CIT v. M/s.Teledata Informatics Ltd. DR.VINEET KOTHARI, J. and C.SARAVANAN, J. bbr T.C.(A) No.30 of 2009 16.09.2019 Page 4 of 4 Commissioner of Income-tax, Chennai v. Teledata Informatics Limited