The Commissioner of Income-tax, Madurai v. S.P. Annamalai
[Citation -2020-LL-0128-20]
| Citation | 2020-LL-0128-20 |
|---|---|
| Appellant Name | The Commissioner of Income-tax, Madurai |
| Respondent Name | S.P. Annamalai |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 28/01/2020 |
| Assessment Year | 2003-04 |
| Judgment | View Judgment |
| Keyword Tags | monetary limit • tax effect |
| Bot Summary: | Dt.28.1.2020 in T.C.A.1175/2010 CIT V. S.P.Annamalai 2/4 No.2560/Mds/2007, for the Assessment Year 2003-2004, by raising the following substantial question of law: Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law by setting aside the order passed by the Commissioner of Income-tax under Section 263 of the Income-tax Act, 1961 even though the Tribunal's order suffers from various legal infirmities and the case laws relied on, which was not strictly applicable to the facts of the case 2. When the matter is taken up for hearing, learned Senior Standing Counsel brought to our notice the Circular instruction issued by the 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 the Department before the High Court in cases where the tax effect does not exceed Rs.1,00,00,000/-. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the Appeal filed by the Revenue is dismissed, as withdrawn, keeping open the substantial question of law for determination in appropriate cases. |