Commissioner of Income-tax, Chennai v. A.R. Krishnamurthy
[Citation -2020-LL-0210-75]

Citation 2020-LL-0210-75
Appellant Name Commissioner of Income-tax, Chennai
Respondent Name A.R. Krishnamurthy
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 10/02/2020
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags monetary limit • revision order • tax effect
Bot Summary: Late A.R.Krishnamurthy 2/4 JUDGMENT This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal Madras 'D' Bench, Chennai, dated 27.08.2012, in ITA No.1211/Mds/2012 by raising the following substantial question of law: 1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the Revenue's Appeal had become infructuous on the ground that the assessing officer had made the assessment consequent to order under Section 263 and the said revision order was set aside by the Tribunal in ITA No.496/2010 dated 24.02.2010 when the same is appealed to this Court 2. In the instant case, the tax effect is said to be less than the monetary limit imposed and the Appeal filed by the Revenue is dismissed, as not pressed, keeping open the substantial questions of law for determination in appropriate cases.


IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.02.2020 CORAM: HON'BLE DR. JUSTICE VINEET KOTHARI and HON'BLE MR. JUSTICE R.SURESH KUMAR T.C.(A).No.122 of 2013 Commissioner of Income Tax ... Appellant Chennai ..Vs.. Shri.Late A.R.Krishnamurthy ... Respondent Prayer: Tax Cases (Appeal) are filed under Section 260-A of Income Tax Act, 1961, against order of Income Tax Appellate Tribunal, Madras "D" Bench dated 27.08.2012 passed in ITA No.1211/Mds/2012 for Assessment Year 2002-2003. For Appellant : Mr.Karthik Ranganathan For Respondent : Mr.Sivaraman http://www.judis.nic.in Judgment dt. 12.202.2020 in T.C.A.No.122 of 2013 [Commissioner of Income Tax Vs. Shri. Late A.R.Krishnamurthy] 2/4 JUDGMENT (Delivered by DR.VINEET KOTHARI, J.) This Tax Case Appeal has been filed by Revenue calling in question correctness of order passed by Income Tax Appellate Tribunal Madras 'D' Bench, Chennai, dated 27.08.2012, in ITA No.1211/Mds/2012 by raising following substantial question of law: "1. Whether on facts and in circumstances of case, Tribunal was right in holding that Revenue's Appeal had become infructuous on ground that assessing officer had made assessment consequent to order under Section 263 and said revision order was set aside by Tribunal in ITA No.496/2010 dated 24.02.2010 when same is appealed to this Court? 2. When matter is taken up for hearing, learned Standing Counsel for Department 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 http://www.judis.nic.in Judgment dt. 12.202.2020 in T.C.A.No.122 of 2013 [Commissioner of Income Tax Vs. Shri. Late A.R.Krishnamurthy] 3/4 not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In instant case, tax effect is said to be less than monetary limit imposed and, therefore, Appeal filed by Revenue is dismissed, as not pressed, keeping open substantial questions of law for determination in appropriate cases. No costs. (V.K.,J.) (R.S.K.,J.) 12.02.2020 Index : Yes/No Internet : Yes/No arr http://www.judis.nic.in Judgment dt. 12.202.2020 in T.C.A.No.122 of 2013 [Commissioner of Income Tax Vs. Shri. Late A.R.Krishnamurthy] 4/4 DR. JUSTICE VINEET KOTHARI,J and MR. JUSTICE SURESH KUMAR,J arr To Income Tax Appellate Tribunal, Madras "D" Bench Chennai. T.C.A.No.122 of 2013 12.02.2020 http://www.judis.nic.in Judgment dt. 12.202.2020 in T.C.A.No.122 of 2013 [Commissioner of Income Tax Vs. Shri. Late A.R.Krishnamurthy] 5/4 Commissioner of Income-tax, Chennai v. A.R. Krishnamurthy
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