The Commissioner of Wealth-tax Pondicherry v. R. Krishnamurthy
[Citation -2020-LL-0127-72]
| Citation | 2020-LL-0127-72 |
|---|---|
| Appellant Name | The Commissioner of Wealth-tax Pondicherry |
| Respondent Name | R. Krishnamurthy |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Wealth-tax |
| Date of Order | 27/01/2020 |
| Judgment | View Judgment |
| Keyword Tags | audit objection • monetary limit • tax effect |
| Bot Summary: | Appellant in all appeals Vs. R.Krishnamurthy Respondent in all appeals Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal 'B' Bench, Chennai dated 03.08.2009 passed in I.T.A.Nos. In Judgment in TCA Nos.569 to 571/2010 dated 27.01.2020 2/4 learned Tribunal dismissed the Revenue's appeal on the ground of Revenue stake being below the monetary limit of Rs.2,00,000/- prescribed in the Instruction No.2 of 2005 dated 24th October, 2005. Para 3 of the order of the Tribunal is quoted below for ready reference: 3.We have also heard the learned D.R. and considered the facts and material on record. 2.The learned counsel for the Appellant/Revenue however submitted that in the Instruction No.5/2008 dated 15.05.2008, if the matter involves some audit objection, the instruction to withdraw the appeal on the Revenue stake being below the prescribed limit of Rs.2,00,000/- will not apply and therefore, that exception has not been considered by the learned Tribunal and therefore, the matter deserves to be remanded back to the learned Tribunal. 4.Having heard the learned counsel for the Appellant/Revenue, we are of the opinion that the matter deserves to send back to the learned Tribunal to reconsider the matter and after quoting the relevant instructions to note, the learned Tribunal should record its findings as to whether the appeals itself are to be heard on merits and deserves to be dismissed as withdrawn by the Appellant/Revenue, in view of the Revenue stake being below the prescribed minimum. 5.Accordingly, the present Appeals filed by the Appellant/ Revenue for statistical purpose are dismissed as withdrawn, setting aside the order of the Tribunal dated 03.08.2009. We remand the matter back to the learned Tribunal for deciding the case again. |