The Commissioner of Income-tax, Chennai v. S. A. Asokan
[Citation -2020-LL-0220-71]

Citation 2020-LL-0220-71
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name S. A. Asokan
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 20/02/2020
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: In Order in TCA No.1155/2010 dated 20.02.2020 1.Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in allowing the claim of deduction under Section 80IB(10) when no completion certificate is issued to the assessee by the Local Authority And 2.Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee has complied with the requirements of Section 80IB(10) 2. When the matter was taken up for hearing, the learned 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 not pressed, keeping open the substantial questions of law for determination in an appropriate case.


Order in TCA No.1155/2010 () dated 20.02.2020 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.02.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.1155 of 2010 Commissioner of Income Tax Chennai Appellant Vs. Mr.S.A.Asokan Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal 'D' Bench, Chennai dated 04.06.2010 in ITA No.1072/Mds/09. For Appellant : Mr.T.Ravi Kumar Senior Standing Counsel For Respondent : Mr.G.Bhaskar JUDGMENT (Judgment of Court was 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, 'D' Bench, Chennai, by raising following substantial questions of law: Page 1 of 3 http://www.judis.nic.in Order in TCA No.1155/2010 () dated 20.02.2020 "1.Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in allowing claim of deduction under Section 80IB(10) when no completion certificate is issued to assessee by Local Authority? And 2.Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that assessee has complied with requirements of Section 80IB(10)? 2. When matter was taken up for hearing, learned 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 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 case. (V.K.,J.) (R.S.K.,J.) 20.02.2020 KST Page 2 of 3 http://www.judis.nic.in Order in TCA No.1155/2010 () dated 20.02.2020 DR.VINEET KOTHARI, J. AND R.SURESH KUMAR, J. KST ToTo Income Tax Appellate Tribunal 'D' Bench,Chennai. T.C.(A) No.1155 of 2010 20.02.2020 Page 3 of 3 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. S. A. Asokan
Report Error