IN HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.03.2020 CORAM HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and HONOURABLE MR.JUSTICE ABDUL QUDDHOSE T.C.A.No.364 of 2019 Commissioner of Income Tax, Chennai .. Appellant Versus V.K.C.Jayamohan .. Respondent Prayer:- Tax Case Appeal filed under Section 260-A of Income Tax Act, 1961, against order of Income Tax Appellate Tribunal made in I.T.A.No.1876/Chny/2017 relating to Asst Year: 2012-13. For Appellant : Mr.T.Ravikumar For Respondent : No appearance JUDGMENT [Order of Court was made by ABDUL QUDDHOSE, J.] Heard Mr.T.Ravikumar, learned standing counsel for Appellant/Revenue. There is no representation on side of sole 1/6 http://www.judis.nic.in T.C.A.No.364 of 2019 respondent/assessee. 2.The learned standing counsel for revenue fairly submitted that since tax effect under impugned orders is less than Rs.1,00,00,000/-, circular No.17 of 2019 dated 08.08.2019 issued by Central Board of Direct Taxes shall apply and appeal may be dismissed leaving substantial questions of law raised in this appeal open for consideration in near future. Circular No.17 of 2019 dated 08.08.2019 reads as follows: Circular No.3/2018 dated 11th July 2018 has been replaced by Circular No.17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by Department before Income Tax Appellate Tribunal High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs Monetary Limit (Rs.) Monetary Limit (Rs.) in Income-tax (Previous Limits) (Revised Limit) matters Before Appellate 20,00,000 50,00,000 Tribunal Before High 50,00,000 1,00,00,000 Court Before Supreme 1,00,00,000 2,00,00,000 Court 2/6 http://www.judis.nic.in T.C.A.No.364 of 2019 Assessing Officer shall calculate tax effect separately for every assessment year in respect of disputed issues in case of every assessee. If, in case of assessee, disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which tax effect in respect of disputed issues exceeds monetary limit. No appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit. Further, even in case of composite order of High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit. In case where composite order/judgment involves more than one assessee, each assessee shall be dealt 3/6 http://www.judis.nic.in T.C.A.No.364 of 2019 with separately. 3. In light of above referred circular, this Tax Case Appeal deserves dismissal and accordingly, dismissed. However, question of law is left open and it is to be decided in appropriate proceeding. No costs. (M.S.N.,J) (A.Q.,J) 05.03.2020 nl Index: Yes No Internet: Yes No Speaking Order/Non-Speaking Order 4/6 http://www.judis.nic.in T.C.A.No.364 of 2019 M.SATHYANARAYANAN, J. AND ABDUL QUDDHOSE, J. nl T.C.A.No.364 of 2019 5/6 T.C.A.No.364 of 2019 05.03.2020 6/6 Commissioner of Income-tax, Chennai v. V.K.C. Jayamohan