Judgt. dt. 5.6.2020 in T.C.A.317/2013 CIT v. Ultra Readymix Concrete P. Ltd. 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 5.6.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (A) No.317 of 2013 Commissioner of Income Tax Coimbatore. Appellant Vs. M/s.Ultra Readymix Concrete P. Ltd., No.36-38, 11th Street, Tatabad, Coimbatore 641012. PAN: AACU7836K Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 6.11.2012 made in ITA No.1727/Mds/2012. For Appellant : Mr.T.R.Senthilkumar Senior Standing Counsel For Respondent : Mr.M.P.Senthilkumar JUDGMENT (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, dated 6.11.2012 made in ITA http://www.judis.nic.in Judgt. dt. 5.6.2020 in T.C.A.317/2013 CIT v. Ultra Readymix Concrete P. Ltd. 2/4 No.1727/Mds/2012, for Assessment Year 2008-2009, by raising following substantial question of law: "Whether under facts and circumstances of case, Income Tax Appellate Tribunal was correct in in holding that assessee neither concealed Income nor filed inaccurate particulars of income but only failed to deduct tax at source which was paid subsequently and therefore there is no infirmity in order of Commissioner of Income Tax (Appeals) deleting penalty levied by assessing officer?" 2. When matter is taken up for hearing, learned Senior 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 http://www.judis.nic.in Judgt. dt. 5.6.2020 in T.C.A.317/2013 CIT v. Ultra Readymix Concrete P. Ltd. 3/4 is dismissed, as withdrawn, keeping open substantial question of law for determination in appropriate cases. No costs. (V.K.,J.) (R.S.K.,J.) 5.6.2020 Index : Yes/No Internet : Yes/No ssk. To 1. Commissioner of Income Tax Coimbatore. 2. Income Tax Appellate Tribunal, 'D' Bench, Chennai. 3. M/s.Ultra Readymix Concrete P. Ltd., No.36-38, 11th Street, Tatabad, Coimbatore 641 012. http://www.judis.nic.in Judgt. dt. 5.6.2020 in T.C.A.317/2013 CIT v. Ultra Readymix Concrete P. Ltd. 4/4 DR.VINEET KOTHARI, J. and R.SURESH KUMAR, J. ssk. Tax Case (A) No.317 of 2013 5.6.2020. http://www.judis.nic.in Commissioner of Income-tax, Coimbatore v. Ultra Readymix Concrete P. Ltd