The Commissioner of Income-tax, Chennai v. Padmavathy Baffna
[Citation -2020-LL-0305-41]

Citation 2020-LL-0305-41
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name Padmavathy Baffna
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 05/03/2020
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: In Judgment in TCA Nos.720 721/2010 dated 05.03.2020 1.Whether on the facts and in the circumstances of the case, the Tribunal was right in entertaining the cross objection of the assessee that did not object to the grounds filed by the Revenue 2. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the proceedings under Section 158BD on the assessee is not sustainable in law 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 appeals filed by the Revenue are dismissed as not pressed, keeping open the substantial questions of law for determination in an appropriate case.


Judgment in TCA Nos. 720 & 721/2010 dated 05.03.2020 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.03.2020 CORAM HON'BLE DR. JUSTICE VINEET KOTHARI AND HON'BLE MR. JUSTICE R. SURESH KUMAR Tax Case (Appeal) Nos.720 & 721 of 2010 Commissioner of Income Tax Chennai. Appellant Vs. Smt. Padmavathy Baffna Respondent Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal 'B' Bench, Chennai dated 15.10.2018 in IT(SS) No.89/Mds/2007 For Appellant : Mr.T.R.Senthil Kumar Senior Standing Counsel For Respondent : No appearance JUDGMENT (Judgment of Court was delivered by DR.VINEET KOTHARI,J) These Tax Case Appeal has been filed by Revenue calling in question correctness of order passed by Income Tax Appellate Tribunal, 'B' Bench, Chennai, by raising following substantial questions of law: Page 1 of 3 http://www.judis.nic.in Judgment in TCA Nos.720 & 721/2010 dated 05.03.2020 "1.Whether on facts and in circumstances of case, Tribunal was right in entertaining cross objection of assessee that did not object to grounds filed by Revenue? 2. Whether on facts and in circumstances of case, Appellate Tribunal was right in holding that proceedings under Section 158BD on assessee is not sustainable in law? 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, appeals filed by Revenue are dismissed as not pressed, keeping open substantial questions of law for determination in appropriate case. (V.K.,J.) (R.S.K.,J.) 05.03.2020 KST Page 2 of 3 http://www.judis.nic.in Judgment in TCA Nos.720 & 721/2010 dated 05.03.2020 DR.VINEET KOTHARI, J. AND R.SURESH KUMAR, J. KST To Income Tax Appellate Tribunal 'B' Bench,Chennai. T.C.(A) Nos.720 & 721 / 2010 05.03.2020 Page 3 of 3 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Padmavathy Baffna
Report Error