Commissioner of Income-tax, Chennai v. D C Seth (HUF) - 2019-LL-1213-76

Citation	2019-LL-1213-76
Appellant Name	Commissioner of Income-tax, Chennai
Respondent Name	D C Seth (HUF)
Court	HIGH COURT OF MADRAS
Relevant Act	Income-tax
Date of Order	13/12/2019
Assessment Year	1986-87
Judgment	View Judgment
Keyword Tags	monetary limit • tax effect
Bot Summary:	483(Mds)/1993 in partly allowing the appeal filed by the assessee against the order of the Income Tax Appellate Tribunal by which the appeal filed by the assessee was partly allowed. 3.This tax case appeal is admitted on the following substantial questions of law:Whether in the facts and circumstances of the case, the Appellate Tribunal was right in holding that no interest u/s.139(8) and Sec.217 can be levied in the case of re-assessment proceedingsWhether in the facts and circumstances of the case, view of the Appellate Tribunal that no interest u/s.139(8) and Sec.217 is leviable was right, in view of the insertion of explanation 2 to Sec.139(8) with effect from 01.04.1985 4. As per the said circular, the monetary limit to file an appeal before the High Court is fixed at Rs.1 crore. 5.This Court perused the circular dated 08.08.2019 and Paragraph No.2 of the Circular, which prescribes monetary limit for filing appeal. Paragraph No.2 is usefully extracted as follows: 2.As a step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S.No. 988 of 2019 N.KIRUBAKARAN, J. and P.VELMURUGAN, J. ay 6.In view of the submissions made by the learned counsel appearing on behalf of the appellant and also in view of the Circular No.17/2019 dated 08.08.2019 issued by the Director, Central Board of Direct Taxes, Delhi, this Tax Case Appeal is dismissed on account of tax effect. In the event the tax effect is above the limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits.

IN HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.12.2019 CORAM : HONOURABLE MR.JUSTICE N.KIRUBAKARAN and HONOURABLE MR.JUSTICE P.VELMURUGAN T.C.A.No.988 of 2019 Commissioner of Income Tax, Chennai. ... Appellant Vs D C Seth (HUF), 58 Devaraja Mudali Street, Chennai 600 003. ...Respondent PRAYER: Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against order dated 10.06.2002 in I.T.A.No.483(Mds)/1993 on file of Income Tax Appellate Tribunal Chennai 'C' Bench for assessment year 1986-87. For Appellant : Ms.Hemalatha, Junior Standing Counsel. JUDGMENT (Judgment of Court was delivered by N.KIRUBAKARAN, J) This tax case appeal has been filed against order of Income Tax Appellate Tribunal dated 10.06.2002 in http://www.judis.nic.in 1/4 T.C.A.No.988 of 2019 I.T.A.No.483(Mds)/1993 in partly allowing appeal filed by assessee against order of Income Tax Appellate Tribunal by which appeal filed by assessee was partly allowed. 2.Heard Ms.Hemalatha, learned Junior Standing Counsel for appellant. 3.This tax case appeal is admitted on following substantial questions of law: "(i)Whether in facts and circumstances of case, Appellate Tribunal was right in holding that no interest u/s.139(8) and Sec.217 can be levied in case of re-assessment proceedings? (ii)Whether in facts and circumstances of case, view of Appellate Tribunal that no interest u/s.139(8) and Sec.217 is leviable was right, in view of insertion of explanation 2 to Sec.139(8) with effect from 01.04.1985?" 4. Ms.Hemalatha, learned Junior Standing Counsel appearing on behalf of appellant would submit that tax effect in this case is less than Rs.1 crore and is covered by Circular No.17/2019 dated http://www.judis.nic.in 2/4 T.C.A.No.988 of 2019 08.08.2019 issued by Director, Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, Delhi. As per said circular, monetary limit to file appeal before High Court is fixed at Rs.1 crore. In this case, tax effect is less than Rs.1 crore and therefore, appeal has to be dismissed. 5.This Court perused circular dated 08.08.2019 and Paragraph No.2 of Circular, which prescribes monetary limit for filing appeal. Paragraph No.2 is usefully extracted as follows: "2.As step towards further management of litigation, it has been decided by Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of Circular mentioned above and accordingly, table for monetary limits specified in Para 3 of Circular shall read as follows: S.No. Appeals / SLPs in Income-tax Monetary Limit (Rs.) matters 1. Before Appeallate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000" http://www.judis.nic.in 3/4 T.C.A.No.988 of 2019 N.KIRUBAKARAN, J. and P.VELMURUGAN, J. ay 6.In view of submissions made by learned counsel appearing on behalf of appellant and also in view of Circular No.17/2019 dated 08.08.2019 issued by Director, Central Board of Direct Taxes, Delhi, this Tax Case Appeal is dismissed on account of tax effect. However, substantial questions of law framed are left open. In event tax effect is above limit fixed in said circular, liberty is granted to Revenue to make mention to this Court to restore appeal to be heard and decided on merits. No costs. (N.K.K.,J.) (P.V.,J.) 13.12.2019 ay To Commissioner of Income Tax, Chennai. T.C.A.No.988 of 2019 Commissioner of Income-tax, Chennai v. D C Seth (HUF)

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