The Commissioner of Income-tax, Central Circle, Chennai v. C. Nedumudikilli
[Citation -2020-LL-0615-34]

Citation 2020-LL-0615-34
Appellant Name The Commissioner of Income-tax, Central Circle, Chennai
Respondent Name C. Nedumudikilli
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 15/06/2020
Assessment Year 2001-02
Judgment View Judgment
Keyword Tags computing interest • monetary limit • low tax effect
Bot Summary: 958 to 960/ Mds/2010 on the file of the Income Tax Appellate Tribunal, Chennai 'C' Bench for the assessment years from 2001-02 to 2003-04. These appeals, filed by the Revenue under Section 260A of the Income Tax Act, 1961, are directed against the common order dated 16.6.2011 made respectively in ITA.Nos. Whether, on the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in allowing credit for the tax paid under Section 90 of the Income Tax Act before calculating interest under Section 234B despite the fact that there was no provision for the same during the relevant period 2. Whether, on the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in allowing credit for the tax paid under Section 90 of the Income Tax Act before computing interest under Section 234B applying the ratio in the case of CIT Vs. Chemplast Sunmar Ltd. reported in 314 ITR 231 despite the fact that the issue discussed with regard to credit under Section 115JAA of the Income Tax Act and 3. 775 to 777/2013 Section 90 of the Income Tax Act before computing interest under Section 234B despite the fact that the amendment to Section 234B by the Finance Act, 2006 has been made applicable only after 01.4.2007 4. The learned Senior Standing Counsel for the appellant submits that the above appeals are not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. In the light of the said submissions, the above tax case appeals are dismissed on account of the low tax effect.


TCA.Nos.775 to 777/2013 In High Court of Judicature at Madras Dated : 15.6.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal Nos.775 to 777 of 2013 Commissioner of Income Tax, Central Circle, Chennai ...Appellant Vs C.Nedumudikilli Respondent APPEALS under Section 260A of Income Tax Act, 1961 against common order dated 16.6.2011 made respectively in ITA.Nos.958 to 960/ Mds/2010 on file of Income Tax Appellate Tribunal, Chennai 'C' Bench for assessment years from 2001-02 to 2003-04. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent: Mr.R.Kumar COMMON JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel assisted by Ms.K.G.Usharani, learned Standing Counsel appearing for appellant Revenue and Mr.R.Kumar, learned counsel appearing for 1/4 http://www.judis.nic.in TCA.Nos.775 to 777/2013 respondent assessee. 2. These appeals, filed by Revenue under Section 260A of Income Tax Act, 1961 (for brevity, Act), are directed against common order dated 16.6.2011 made respectively in ITA.Nos.958 to 960/ Mds/2010 on file of Income Tax Appellate Tribunal, Chennai 'C' Bench (for short, Tribunal) for assessment years from 2001-02 to 2003-04. 3. appeals were admitted on 10.3.2014 on following substantial questions of law : 1. Whether, on facts and circumstances of case, Income Tax Appellate Tribunal was correct in allowing credit for tax paid under Section 90 of Income Tax Act before calculating interest under Section 234B despite fact that there was no provision for same during relevant period ? 2. Whether, on facts and circumstances of case, Income Tax Appellate Tribunal was correct in allowing credit for tax paid under Section 90 of Income Tax Act before computing interest under Section 234B applying ratio in case of CIT Vs. Chemplast Sunmar Ltd. [reported in 314 ITR 231] despite fact that issue discussed with regard to credit under Section 115JAA of Income Tax Act ? and 3. Whether, on facts and circumstances of case, Income Tax Appellate Tribunal was correct in allowing credit for tax paid under 2/4 http://www.judis.nic.in TCA.Nos.775 to 777/2013 Section 90 of Income Tax Act before computing interest under Section 234B despite fact that amendment to Section 234B by Finance Act, 2006 has been made applicable only after 01.4.2007? 4. learned Senior Standing Counsel for appellant submits that above appeals are not pursued by Revenue on account of low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by Central Board of Direct Taxes. By said Circular, monetary limit for filing or pursuing appeal before High Court has been increased to Rs.1 Crore. It is further submitted that tax effect in respective cases is less than threshold limit. 5. In light of said submissions, above tax case appeals are dismissed on account of low tax effect. substantial questions of law framed are left open. In event tax effect in respective cases is above threshold limit fixed in said circular, liberty is granted to Revenue to make mention to this Court to restore appeals to be heard and decided on merits. No costs. 15.6.2020 3/4 http://www.judis.nic.in TCA.Nos.775 to 777/2013 T.S.SIVAGNANAM,J AND PUSHPA SATHYANARAYANA,J RS To Income Tax Appellate Tribunal, Chennai 'C' Bench. TCA.Nos.775 to 777 of 2013 15.6.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Central Circle, Chennai v. C. Nedumudikilli
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