Order in TCA No.66 of 2012 (CIT -Vs- Shri V.Sekaran) dated 04.06.2020 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.06.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.66 of 2012 Commissioner of Income Salem. ... Appellant Vs. Shri V.Sekaran 28/52, Bazaar Street Erumaipatty PO Namakkal District. ... Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against common order of Income Tax Appellate Tribunal 'D' Bench, Chennai dated 31.12.2007 in C.O.No.09/Mds/2004 For Appellant : Mr.T.R.Senthil Kumar, Senior Standing Counsel For Respondent : Mr.M.P.Senthil Kumar JUDGMENT (Judgment of Court was delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by Revenue calling in question correctness of order passed by Income Tax Appellate Tribunal, 'D' Bench, Chennai, by raising following substantial questions of law: Page 1 of 4 http://www.judis.nic.in Order in TCA No.66 of 2012 (CIT -Vs- Shri V.Sekaran) dated 04.06.2020 1. Whether on facts and circumstances of case, Income Tax Appellate Tribunal was right in law in deleting addition of Rs.16,66,400/- made on account of purchase of lands? 2. Whether Tribunal was right in deleting addition of Rs.1,08,53,413/- representing investment which had not been properly explained pertaining to loose sheet containing various transactions found during search?" 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, appeal filed by Revenue is dismissed as not pressed, keeping open substantial questions of law for determination in appropriate case. (V.K.,J.) (R.S.K.,J.) 04.06.2020 KST Page 2 of 4 http://www.judis.nic.in Order in TCA No.66 of 2012 (CIT -Vs- Shri V.Sekaran) dated 04.06.2020 To Income Tax Appellate Tribunal 'D' Bench,Chennai. Page 3 of 4 http://www.judis.nic.in Order in TCA No.66 of 2012 (CIT -Vs- Shri V.Sekaran) dated 04.06.2020 DR.VINEET KOTHARI, J. AND R.SURESH KUMAR, J. KST T.C.(A) No.66 of 2012 04.06.2020 Page 4 of 4 http://www.judis.nic.in Commissioner of Income, Salem v. V.Sekaran