Judgt. dt. 28.1.2020 in T.C.A.256, 458 & 459/2014 CIT v. R.Rajinikanth 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.1.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) Nos.256, 458 and 459 of 2014 Commissioner of Income Tax Media Circle Chennai 600 034. Appellant Vs. Shri.R.Rajinikanth PAN: AAIPR1267L Respondent Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 26.7.2013 made in ITA Nos.64, 65 and 66/Mds/2012. For Appellant : Ms.V.Pushpa Junior Standing Counsel For Respondent : Mr.A.S.Sriraman COMMON JUDGMENT (Delivered by DR.VINEET KOTHARI,J) These Tax Case Appeals have been filed by Revenue, calling in question correctness of order passed by Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 26.7.2013 made in ITA Nos.64, 65 and 66/Mds/2012, for Assessment Years 2002-2003, http://www.judis.nic.in Judgt. dt. 28.1.2020 in T.C.A.256, 458 & 459/2014 CIT v. R.Rajinikanth 2/4 2003-2004 and 2004-2005, by raising following substantial questions of law: "(i) Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in law in deleting penalty levied under Section 271(1)(c) on additional income admitted by assessee by filing revised return consequent to survey? (ii) Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in law in holding that said admission of income was only estimated income without appreciating fact that there was no material evidence produced by assessee in support of claim of expenditure? (iii) Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in deleting penalty levied under Section 271(1)(c) of Act, when assessee had reversed claim of bad debts consequent to survey operations under Section 153A of Act? http://www.judis.nic.in Judgt. dt. 28.1.2020 in T.C.A.256, 458 & 459/2014 CIT v. R.Rajinikanth 3/4 (iv) Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in law in holding that quantum issue has been decided in favour of assessee, hence penalty will not survive without appreciating fact that quantum addition was not deleted only finding regarding head of income under which income has to be assessed?" 2. When matters are taken up for hearing, learned Junior Standing Counsel brought to our notice Circular instruction issued by Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, 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.1,00,00,000/- (Rupees One Crore). 3. In instant cases, tax effect is said to be less than monetary limit imposed and therefore, Appeals filed by Revenue are dismissed, as withdrawn, keeping open substantial questions of law for determination in appropriate cases. No costs. (V.K.,J.) (R.S.K.,J.) 28.1.2020 Index : Yes/No Internet : Yes/No ssk. http://www.judis.nic.in Judgt. dt. 28.1.2020 in T.C.A.256, 458 & 459/2014 CIT v. R.Rajinikanth 4/4 DR.VINEET KOTHARI, J. and R.SURESH KUMAR, J. ssk. To 1. Commissioner of Income Tax Media Circle Chennai 600 034. 2. Income Tax Appellate Tribunal, 'D' Bench, Chennai. 3. Deputy Commissioner of Income Tax, Media Circle II, Chennai-34. T.C.(A) No.256, 458 & 459 of 2014 28.1.2020. http://www.judis.nic.in Commissioner of Income-tax, Media Circle, Chennai v. R. Rajinikanth