TCA.No.482/2019 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.03.2020 CORAM HON'BLE MR. JUSTICE M.SATHYANARAYANAN AND HON'BLE MR.JUSTICE ABDUL QUDDHOSE Tax Case Appeal No.482/2019 Commissioner of Income Tax Chennai. Appellant Vs. Shri Mamem Philip Flat No.4-A/5-B ''Chandika'' D.P.Towers, 8, College Lane Chennai 600 008. Respondent Tax Case filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, Madras ''B'' Bench, dated 28.05.2013 passed in ITA.No.2174/mds/2012. For Appellant : Mr.T,Ravikumar, Standing Counsel For Respondent : Mr.George Cheriyan http://www.judis.nic.in TCA.No.482/2019 JUDGMENT (Judgment of Court was delivered by M.SATHYANARAYANAN,J) This 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: "(i) Whether on facts and in circumstances of case, Tribunal was right in treating two flats as residential house for purpose of Section 54 and thereby allowing exemption for capital gains? (ii]Whether on facts and in circumstances of case, Tribunal was right in holding that Section 27 has no application in facts of case when said issue was never subject matter of appeal and when assessee had acquired property by settlement from mother for inadequate consideration?" 2. When matter is taken up for hearing, learned Standing Counsel appearing for appellant/Revenue brought to our notice, Circular instruction issued by Central Board of Direct Taxes vide Circular No.3/2018 dated 11.7.2018 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.50 lakhs. http://www.judis.nic.in TCA.No.482/2019 3. In instant case, tax effect is said to be less than monetary limit imposed and therefore, Tax Case Appeal filed by Revenue is dismissed as not pressed, keeping open substantial questions of law for determination in appropriate case. No costs. (M.S.N., J.) (A.Q., J.) 16.03.2020 Internet : Yes AP To Commissioner of Income Tax Chennai. http://www.judis.nic.in TCA.No.482/2019 M.SATHYANARAYANAN, J. and ABDUL QUDDHOSE, J. AP T.C.A.No.482/2019 16.03.2020 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Mamem Philip