Commissioner of Income-tax, Coimbatore v. R. Sasirupa
[Citation -2019-LL-1003-71]

Citation 2019-LL-1003-71
Appellant Name Commissioner of Income-tax, Coimbatore
Respondent Name R. Sasirupa
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 03/10/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags inaccurate particulars • suppression of facts • levy of penalty • monetary limit • tax effect
Bot Summary: 03.10.2019 in TC(A) No.737 of 2019 Commissioner of Income Tax v. R.Sasirupa questions of law: 1. Whether on facts and circumstances of the case, the Tribunal was right in holding that the Commissioner of Income Tax has erred in confirming the addition made by the assessing officer towards deferred income 2. Whether based on the material available before the Tribunal, the Tribunal could have come to the conclusion that there was no willful or deliberate suppression of facts or any inaccurate particulars furnished by the assessee 3. Whether on the facts and circumstances of the case, the Tribunal was right in holding that for levy of penalty, there should be a willful or deliberate suppression of facts or furnishing of inaccurate particulars of income 2. 03.10.2019 in TC(A) No.737 of 2019 Commissioner of Income Tax v. R.Sasirupa 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the tax effect is said to be less than the monetary limit imposed and the Appeal filed by the Revenue is dismissed as withdrawn, keeping open the substantial questions of law for determination in appropriate cases.


Judgment dt. 03.10.2019 in TC(A) No.737 of 2019 Commissioner of Income Tax v. R.Sasirupa IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.10.2019 CORAM : HON'BLE DR.VINEET KOTHARI, ACTING CHIEF JUSTICE AND HON'BLE MR.JUSTICE C.SARAVANAN Tax Case (Appeal) No.737 of 2019 Commissioner of Income Tax Coimbatore. .. Appellant v. R.Sasirupa .. Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961, against order of Income Tax Appellate Tribunal, 'A' Bench, Chennai, dated 31.5.2012 made in ITA.No.1393/Mds/2011. For Appellant : Ms.J.G.Usha Rani Jr. Standing Counsel for M/s.N.V.Balaji JUDGMENT (Delivered by Hon'ble Acting Chief Justice) This Tax Case Appeal has been filed by Revenue, calling in question correctness of order passed by Income Tax Appellate Tribunal, 'A' Bench, Chennai, dated 31.5.2012, for Assessment Year 2007-2008, by raising following substantial Page 1 of 4 http://www.judis.nic.in Judgment dt. 03.10.2019 in TC(A) No.737 of 2019 Commissioner of Income Tax v. R.Sasirupa questions of law: 1. Whether on facts and circumstances of case, Tribunal was right in holding that Commissioner of Income Tax (Appeals) has erred in confirming addition made by assessing officer towards deferred income? 2. Whether based on material available before Tribunal, Tribunal could have come to conclusion that there was no willful or deliberate suppression of facts or any inaccurate particulars furnished by assessee? 3. Whether on facts and circumstances of case, Tribunal was right in holding that for levy of penalty, there should be willful or deliberate suppression of facts or furnishing of inaccurate particulars of income? 2. When matter is taken up for hearing, learned Junior 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 __________ Page 2 of 4 http://www.judis.nic.in Judgment dt. 03.10.2019 in TC(A) No.737 of 2019 Commissioner of Income Tax v. R.Sasirupa 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 questions of law for determination in appropriate cases. (V.K.,ACJ.) (C.S.N.,J.) 03.10.2019 Index : No sasi To: 1. Registrar, Income Tax Appellate Tribunal, Madras "A" Bench, Chennai. 2. Commissioner of Income Tax (Appeals)-I Coimbatore. 3. Assistant Commissioner of Income Tax, Circle III, Coimbatore. __________ Page 3 of 4 http://www.judis.nic.in Judgment dt. 03.10.2019 in TC(A) No.737 of 2019 Commissioner of Income Tax v. R.Sasirupa HON'BLE ACTING CHIEF JUSTICE AND C.SARAVANAN, J. sasi Tax Case (Appeal) No.737 of 2019 03.10.2019 __________ Page 4 of 4 http://www.judis.nic.in Commissioner of Income-tax, Coimbatore v. R. Sasirupa
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