T.C.A.Nos.540 & 541 of 2018 IN HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.06.2020 CORAM HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and HONOURABLE MR.JUSTICE ABDUL QUDDHOSE T.C.A.Nos.540 & 541 of 2018 Commissioner of Income Tax .. Appellant in both T.C.A.s Versus M/s.SM Feeds & Farms India Pvt. Ltd., ''Lucky Building'', No.938, 12th Cross Street, MKB Nagar Vyasarpadi, Chennai 600 039. .. Respondent in both T.C.A.s Common Prayer:- Tax Case Appeal filed under Section 260-A of Income Tax Act, 1961, against order of Income Tax Appellate Tribunal, Madras 'B' Bench, dated 25.11.2016 made in I.T.A.Nos.2796, 2797 & 2798/Mds/2016 relating to Asst Years: 2012-13 & 2013-14. 1/5 http://www.judis.nic.in T.C.A.Nos.540 & 541 of 2018 For Appellant in both T.C.A.s : Mr.J.Narayanasamy COMMON JUDGMENT [Order of Court was made by ABDUL QUDDHOSE, J.] Heard Mr.J.Narayanasamy, learned standing counsel for Appellant/Revenue. There is no representation on side of sole 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 these appeals 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 Circular No.17 of 2019 dated 08.08.2019 reads as follows: Circular No.3/2018 dated 11th July 2018 has been replaced by Circular No.17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by Department before Income Tax Appellate Tribunal High 2/5 http://www.judis.nic.in T.C.A.Nos.540 & 541 of 2018 Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLP Monetary Limit Monetary Limit s in Income- (Rs.) (Rs.) tax matters (Previous Limits) (Revised Limit) Before 20,00,000 50,00,000 Appellate Tribunal Before High 50,00,000 1,00,00,000 Court Before 1,00,00,000 2,00,00,000 Supreme Court 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 3/5 http://www.judis.nic.in T.C.A.Nos.540 & 541 of 2018 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 with separately. 3. In light of above referred circular, these Tax Case Appeals deserve 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) 02.06.2020 AP/sk Index: Yes / No Internet: Yes / No Speaking Order/Non-Speaking Order M.SATHYANARAYANAN, J. 4/5 http://www.judis.nic.in T.C.A.Nos.540 & 541 of 2018 AND ABDUL QUDDHOSE, J. AP T.C.A.Nos.540 & 541 of 2018 02.06.2020 5/5 http://www.judis.nic.in Commissioner of Income-tax v. SM Feeds & Farms India Pvt. Ltd