The Commissioner of Income-tax VI, Chennai v. B. Nagi Reddy - 2019-LL-1210-27

Citation	2019-LL-1210-27
Appellant Name	The Commissioner of Income-tax VI, Chennai
Respondent Name	B. Nagi Reddy
Court	HIGH COURT OF MADRAS
Relevant Act	Income-tax
Date of Order	10/12/2019
Judgment	View Judgment
Keyword Tags	monetary limit • tax effect
Bot Summary:	Respondent Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, ''B'', Chennai, dated 08.01.2010 passed in ITA.No. 830/2010 JUDGMENT This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, ''B'' Bench, Chennai, by raising the following substantial questions of law: Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in deleting Administrative and other expenses attributable to one project called Neutech Indira Project, of the assessee in respect of which it has claimed under section 80IB of the Income Tax Act, 1961, is valid 10.12.2019 Index : Yes/No Internet : Yes/No AP To The Commissioner of Income Tax VI Chennai.

TCA.No.830/2010 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2019 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case Appeal No.830/2010 Commissioner of Income Tax VI Chennai. Appellant Vs. Shri B.Nagi Reddy No.56C, Dr.Lakshmanasamy Salai K.K.Nagar, Chennai 600 078. Respondent Tax Case filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, ''B'', Chennai, dated 08.01.2010 passed in ITA.No.1175/Mds/2009. For Appellant : Mr.M.Swaminathan Senior Standing Counsel For Respondent : Mr.A.S.Shivamani for Mr.S.Sridhar http://www.judis.nic.in TCA.No.830/2010 JUDGMENT (Delivered 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, ''B'' Bench, Chennai, by raising following substantial questions of law: "(i) Whether on facts and in circumstances of case, Appellate Tribunal was right in law in deleting Administrative and other expenses attributable to one project called Neutech Indira Project, of assessee in respect of which it has claimed under section 80IB of Income Tax Act, 1961, is valid? (ii]Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in law in deleting addition made by assessing officer, even though assessing officer action is fully justified as is in accordance with provisions of Section 80IB[13] read with Section 80IA[10] of Income Tax Act, 1961? " 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.3/2018 dated 11.7.2018 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.50 lakhs. http://www.judis.nic.in TCA.No.830/2010 3. In instant case, tax effect is said to be less than monetary limit imposed and therefore, Tax Case Appeal filed by Revenue is dismissed as not pressed, keeping open substantial questions of law for determination in appropriate case. (V.K.,J.) (R.S.K.,J.) 10.12.2019 Index : Yes/No Internet : Yes/No AP To Commissioner of Income Tax VI Chennai. http://www.judis.nic.in TCA.No.830/2010 DR.VINEET KOTHARI, J. and R.SURESH KUMAR, J. AP T.C.A.No.830/2010 10.12.2019 http://www.judis.nic.in Commissioner of Income-tax VI, Chennai v. B. Nagi Reddy

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