IN HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.12.2019 CORAM : HONOURABLE MR.JUSTICE N.KIRUBAKARAN and HONOURABLE MR.JUSTICE P.VELMURUGAN T.C.A.Nos.1045, 1048 & 1050 of 2019 and C.M.P.Nos.27083, 27086 & 27090 of 2019 Commissioner of Income Tax, TDS Ward, Tirunelveli. ... Appellant in all appeals Vs M/s.Sri Ambika Saw Mill, 1/515, Piranoor Border, Thenkasi Road, Shenkottah, Tirunelveli Dist - 627 809. PAN: AAOFS3889 D ...Respondent in all appeals COMMON PRAYER: Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order dated 12.07.2017 in I.T.A.Nos.985, 986 & 987/Mds/2017 on file of Income Tax Appellate Tribunal Chennai 'B' Bench for assessment years 2013- 14, 2014-15 & 2015-16. For Appellant : Mr.Karthik Ranganathan, Senior Standing Counsel. http://www.judis.nic.in 1/6 T.C.A.Nos.1045, 1048 & 1050 of 2019 COMMON JUDGMENT (Judgment of Court was delivered by N.KIRUBAKARAN, J) These tax case appeals have been filed against order of Income Tax Appellate Tribunal dated 12.07.2017 in I.T.A.Nos.985, 986 & 987/Mds/2017 in dismissing appeal filed by Revenue against order of Commissioner of Income Tax (Appeals) by which appeal filed by assessee was allowed. 2.Heard Mr.Karthik Ranganathan, learned Senior Standing Counsel for appellant. 3.These tax case appeals are admitted on following substantial questions of law: "(i)Whether on facts and circumstances of case and in law, Hon'ble 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? http://www.judis.nic.in 2/6 T.C.A.Nos.1045, 1048 & 1050 of 2019 (ii)Whether on facts and circumstances of case and in law, Hon'ble 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)?" 4. Mr.Karthik Ranganathan, learned Senior 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 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, appeals have 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: http://www.judis.nic.in 3/6 T.C.A.Nos.1045, 1048 & 1050 of 2019 "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" 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 questions of law framed are left open. In event tax effect is above limit fixed in said http://www.judis.nic.in 4/6 T.C.A.Nos.1045, 1048 & 1050 of 2019 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. (N.K.K.,J.) (P.V.,J.) 20.12.2019 ay To Commissioner of Income Tax, TDS Ward, Tirunelveli. http://www.judis.nic.in 5/6 T.C.A.Nos.1045, 1048 & 1050 of 2019 N.KIRUBAKARAN, J. and P.VELMURUGAN, J. ay T.C.A.Nos.1045, 1048 & 1050 of 2019 and C.M.P.Nos.27083, 27086 & 27090 of 2019 Dated:20.12.2019 Commissioner of Income-tax, TDS Ward, Tirunelveli v. Sri Ambika Saw Mill