The Commissioner of Income-tax, Chennai v. A.V. Gopalakrishnan
[Citation -2020-LL-0302-77]
| Citation | 2020-LL-0302-77 |
|---|---|
| Appellant Name | The Commissioner of Income-tax, Chennai |
| Respondent Name | A.V. Gopalakrishnan |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 02/03/2020 |
| Judgment | View Judgment |
| Keyword Tags | penalty • low tax effect |
| Bot Summary: | The Respondent/assessee, for the Assessment Year 2007-08, by an order of the Assessing Officer dated 31.03.2015, was imposed a tax of Rs.86,83,173/- and it was followed by a Penalty proceedings under Section 271(1)(C) of the Income Tax Act, 1961, in short IT Act being initiated separately. The Assessee, aggrieved by the said order of Assessment, filed an appeal before the Commissioner of Income Tax-4. The CIT(Appeals), Chennai, vide an order dated 30.08.2016 passed under Section 250(6) of the IT Act, dismissed the appeal. The Assessee made further challenge by filing an appeal before the Income Tax Appellate Tribunal, C Bench, Chennai. The ITAT, Chennai, vide impugned order dated 08.02.2018, had allowed the appeal and challenging the same, the Revenue has filed the present appeal. Mr. T. Ravi Kumar, the learned standing counsel appearing for the Revenue would submit that in the light of the circular issued by the Income Tax Department under Section 268A of the IT Act, a decision has been taken not to prosecute the appeal, which is having the tax impact of less than one crore and admittedly a circular in this regard has also been issued and in the light of the fact that the tax assessed by the income tax officer is less than one crore, prays for appropriate orders. In the light of the said circular, this Tax Case Appeal deserves dismissal and accordingly dismissed. |