T.C.A.Nos.57 to 63 of 2020 IN HIGH COURT OF JUDICATURE AT MADRAS DATED 04.02.2020 CORAM HONOURABLE MR.JUSTICE N.KIRUBAKARAN and HONOURABLE MR.JUSTICE P.VELMURUGAN T.C.A.Nos.57 to 63 of 2018 and C.M.P.Nos.1973 to 1977 & 1979 of 2020 Principal Commissioner of Income Tax Central 2, No.108, Mahatma Gandhi Road, Chennai 600 034. Appellant in all appeals Vs M/s.RMG Benefit Fund Ltd., No.38, Jeenis Road, Saidapet, Chennai - 620 015. PAN: AAACR 5172 K Respondent in all appeals COMMON PRAYER Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order dated 14.06.2018 in I.T.A.Nos.628 to 634/Chny/2018 on file of Income Tax Appellate Tribunal 'C' Bench, Chennai for assessment year 2008-09 to 2014- 15. For Appellant Mr.T.R.Senthil Kumar, Senior Standing Counsel. For Respondent Mr.M.P.Senthil Kumar. T.C.A.Nos.57 to 63 of 2020 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 14.06.2018 in I.T.A.Nos.628 to 634/Chny/2018 in allowing appeals filed by assessee against order of Commissioner of Income Tax (Appeals), Chennai in which appeal filed by assessee was partly allowed. 2.Heard Mr.T.R.Senthil Kumar, learned Senior Standing Counsel for appellant and Mr.M.P.Senthil Kumar, learned Counsel for respondent. 3.These tax case appeals are admitted on following substantial questions of law: "(i)Whether on facts and in circumstances of case, ITAT was right in law in holding that there is no violation of 269SS read with Section 271D of Income Tax Act, 1961? (ii)Whether on facts of case, Tribunal was correct in not appreciating that two trusts which T.C.A.Nos.57 to 63 of 2020 made cash deposits have bank accounts operating in their names and therefore, assessee cannot be heard to say that amounts paid in cash during late hours, by students studying in institutions of trusts, got deposited in cash with assessee-company? (iii)Whether ITAT was justified in following jurisdictional High Court's Judgment in case of CIT Vs. idhayam Publications Ltd., (285 ITR 221) which is clearly distinguishable on facts involved in present case? (iv)Whether on facts and in circumstances of case, Hon'ble Tribunal was right in law in not appreciating that there was time span of six years involved in relied upon case of M.Srinivasa Rao V.ACIT (295 ITR 136), whereas, in instant case, Assessing Officer referred violation under Section 269SS to Additional CIT within span of six months from date of assessment order and therefore, relied upon decision will not apply to facts of case on hand? (v)Whether on facts and circumstances of case, Hon'ble ITAT was correct in not considering Hon'ble Kerala High Court's decision in case of Grihalaxmi Vision Vs.Addl. CIT (379 ITR 100) which squarely applies to present case?" T.C.A.Nos.57 to 63 of 2020 4. Mr.T.R.Senthil Kumar, 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: "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: T.C.A.Nos.57 to 63 of 2020 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 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.) 04.02.2020 ay To Principal Commissioner of Income Tax Central 2, No.108, Mahatma Gandhi Road, Chennai 600 034. T.C.A.Nos.57 to 63 of 2020 N.KIRUBAKARAN, J. and P.VELMURUGAN, J. ay T.C.A.Nos.57 to 63 of 2018 and C.M.P.Nos.1973 to 1977 & 1979 of 2020 Dated:04.02.2020 Principal Commissioner of Income-tax, Central 2, Chennai v. RMG Benefit Fund Ltd