IN HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.12.2019 CORAM : HONOURABLE MR.JUSTICE N.KIRUBAKARAN and HONOURABLE MR.JUSTICE P.VELMURUGAN T.C.A.Nos.1035, 1037 & 1039 of 2019 and C.M.P.Nos.27068, 27069 & 27072 of 2019 Commissioner of Income Tax, TDS Ward, Tirunelveli. ... Appellant (in all appeals) Vs M/s.Ambika Wood Industries, 1/9(1)(vii), Coutrallam Cross Road, Piranoor Border Shenkottah, Tirunelveli Dist. 627 809 PAN: AAGGA 2502 D ... Respondent (in all appeals) PRAYER : Appeals under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, Madras B Bench, dated 12.07.2017 passed in ITA.Nos.979, 981 & 990/Mds/2017. For Appellant :Mr.Karthik Ranganathan (in all appeals) Senior standing counsel COMMON JUDGMENT (Judgment of Court was delivered by N.KIRUBAKARAN, J) These Tax Case Appeals have been preferred by Revenue against order dated 12.07.2017 passed in ITA.Nos.979, 981 & 990 http://www.judis.nic.in 1/6 T.C.A.Nos.1035, 1037 & 1039 of 2019 /Mds/2017 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment years 2013-14, 2014-15 & 2015-16. 2.The impugned order was filed by Revenue aggrieved by order of CIT(A)-2, Madurai, dated 31.01.2017 in ITA Nos.053 to 055/2016-17, where Tribunal rejected plea of Revenue and dismissed Appeals. 3.These Appeals are admitted on following substantial questions of law : (i)Whether on facts and circumstances of case and in law, ITAT was right in holding that belated filing of Form No.27C by assessee after due date as specified in sub rule (3) of Rule 37C of Income Tax Rules, 1962 was in accordance with law and hence object sought to be achieved by filing Form 27C substantially achieved? (ii)Whether on facts and circumstances of case and in law, ITAT was justified in not considering SLP filed by revenue was admitted by Apex Court in case of Siyaram Metal Udyog Pvt. Ltd., on issue of submission of Form 27C [2017] 78 taxmann.com 157 (SC)? " http://www.judis.nic.in 2/6 T.C.A.Nos.1035, 1037 & 1039 of 2019 4.Mr.Karthik Ranganathan, learned Senior Standing Counsel appearing on behalf of appellant would submit that tax effect in these cases are less than Rs.1 crore and is covered by Circular No.17/2019 dated 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 these cases, tax effect is less than Rs.1 crore and therefore, these cases have to be dismissed. 5.This Court perused circular dated 08.08.2019 and Paragraph No.2 of said Circular, which prescribes monetary limit for filing appeal 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: http://www.judis.nic.in 3/6 T.C.A.Nos.1035, 1037 & 1039 of 2019 S.No. Appeals / SLPs in Income- Monetary Limit tax matters (Rs.) 1. Before Appeallate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000 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, these Tax Case Appeals are dismissed on account of tax effect. However, substantial question of law framed is 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 appeals to be heard and decided on merits. No costs. Consequently, connected Miscellaneous Petitions are closed. (NKKJ) (PVJ) 18.12.2019 sai http://www.judis.nic.in 4/6 T.C.A.Nos.1035, 1037 & 1039 of 2019 To 1.The Commissioner of Income Tax, TDS Ward, Tirunelveli. 2.Income Tax Appellate Tribunal 'B' Bench, Chennai. http://www.judis.nic.in 5/6 T.C.A.Nos.1035, 1037 & 1039 of 2019 N.KIRUBAKARAN, J. and P.VELMURUGAN, J. sai T.C.A.Nos.1035, 1037 & 1039 of 2019 Commissioner of Income-tax, TDS Ward, Tirunelveli v. Ambika Wood Industrie