The Principal Commissioner of Income-tax Central 2, Chennai v. Susee Motor Finance
[Citation -2020-LL-0604-20]

Citation 2020-LL-0604-20
Appellant Name The Principal Commissioner of Income-tax Central 2, Chennai
Respondent Name Susee Motor Finance
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 04/06/2020
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: For Appellant in all cases : Mr.T.R.Senthil Kumar For Respondent in all cases : Mr.T.Vasudevan COMMON JUDGMENT Judgment of the Court was delivered by M.SATHYANARAYANAN,J.,Heard Mr.T.R.Senthil Kumar, learned Standing counsel appearing for the appellant/Revenue and Mr.T.Vasudvan, learned counsel appearing for the respondent/assessee in the above Tax Case Appeals. The learned Standing counsel appearing for the appellant/Revenue fairly submitted that since the tax effect under the impugned orders is less than Rs.1,00,00,000/-, the Circular No.17 of 2019 dated 08.08.2019 issued by the Central Board of Direct Taxes shall apply and the appeals may be dismissed, leaving the substantial questions of law raised in these appeals open for consideration in the near future. 446, 449, 455, 457, 460 and 464 of 2019 ''Circular No.3/2018 dated 11th July 2018 has been replaced by Circular No.17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal High Courts and SLPs/Appeals before Supreme Court for reducing litigation. Appeals/SLPs in Monetary Limit Rs. Monetary Limit Income Tax Previous Limits Rs. Matters Revised Limit Before Appellate 20,00,000 50,00,000 Tribunal Before High Court 50,00,000 1,00,00,000 Before Supreme 1,00,00,000 2,00,00,000 Court The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit. Further, even in the 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 an assessment year or years in which the tax effect is less than the monetary limit. In the light of the above referred circular, these Tax Case Appeals deserve dismissal and accordingly, dismissed.


TCA.Nos.446, 449, 455, 457, 460 and 464 of 2019 IN HIGH COURT OF JUDICATURE AT MADRAS DATED 04.06.2020 CORAM HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND HONOURABLE MR. JUSTICE ABDUL QUDDHOSE TCA.Nos.446, 449, 455, 457, 460 and 464 of 2019 Principal Commissioner of Income Tax Central 2, No.108, Mahatma Gandhi, Road Chennai 600 034. .. Appellant in all Tax Case Appeals Versus M/s.Susee Motor Finance No.271, [Old No.98/1] Chittoor High Road, Vellore 632 007. PAN AAP FS 9766 G .. Respondent in all Tax Case Appeals 1/6 http://www.judis.nic.in TCA.Nos.446, 449, 455, 457, 460 and 464 of 2019 Prayer:- Tax Case Appeals filed under Section 260A of Income Tax Act, 1961, against order of Income Tax Appellate Tribunal, Madras ''D'' Bench dated 09.10.2015 in ITA.Nos.2106/Mds/2014 ; 2103/Mds/2014 ; 2107/Mds/2014 ; 2104/Mds/2014 ; 2105/Mds/2014 ; and 2108/2014. For Appellant in all cases : Mr.T.R.Senthil Kumar For Respondent in all cases : Mr.T.Vasudevan COMMON JUDGMENT [Judgment of Court was delivered by M.SATHYANARAYANAN,J.,] (1)Heard Mr.T.R.Senthil Kumar, learned Standing counsel appearing for appellant/Revenue and Mr.T.Vasudvan, learned counsel appearing for respondent/assessee in above Tax Case Appeals. (2)The learned Standing counsel appearing for appellant/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 appeals may be dismissed, leaving substantial questions of law raised in these appeals open for consideration in near future. (3)Circular No.17 of 2019 dated 08.08.2019 reads as follows:- 2/6 http://www.judis.nic.in TCA.Nos.446, 449, 455, 457, 460 and 464 of 2019 ''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 in Monetary Limit [Rs.] Monetary Limit Income Tax [Previous Limits] [Rs.] Matters [Revised Limit] Before Appellate 20,00,000 50,00,000 Tribunal Before High Court 50,00,000 1,00,00,000 Before Supreme 1,00,00,000 2,00,00,000 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 3/6 http://www.judis.nic.in TCA.Nos.446, 449, 455, 457, 460 and 464 of 2019 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 with separately. (4)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] 04.06.2020 AP Internet : Yes 4/6 http://www.judis.nic.in TCA.Nos.446, 449, 455, 457, 460 and 464 of 2019 To Principal Commissioner of Income Tax Central 2, No.108, Mahatma Gandhi, Road Chennai 600 034. 5/6 http://www.judis.nic.in TCA.Nos.446, 449, 455, 457, 460 and 464 of 2019 M.SATHYANARAYANAN, J., AND ABDUL QUDDHOSE, J., AP TCA.Nos.446, 449, 455, 457, 460 & 464/2019 04.06.2020 6/6 http://www.judis.nic.in Principal Commissioner of Income-tax Central 2, Chennai v. Susee Motor Finance
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