The Commissioner of Income-tax, Central Circle, Salem v. P.Madhurajan (HUF)
[Citation -2020-LL-0615-35]

Citation 2020-LL-0615-35
Appellant Name The Commissioner of Income-tax, Central Circle, Salem
Respondent Name P.Madhurajan (HUF)
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 15/06/2020
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags unaccounted income • monetary limit • low tax effect
Bot Summary: 256/Mds/2009 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 2002-03. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 24.6.2011 made in ITA.No. The appeal has been admitted on 17.11.2014 on the following substantial questions of law : i. Whether, on the facts and in the circumstances of the case, the Tribunal was right in deleting the addition of Rs.68 lakhs made under Section 69 of the Income Tax Act and ii. The learned Senior Standing Counsel for the appellant submits that the above appeal is 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. 823 of 2013 It is further submitted that the tax effect in this case is less than the threshold limit. In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits.


TCA.No.823 of 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 No.823 of 2013 Commissioner of Income Tax, Central Circle, Salem ...Appellant Vs Shri P.Madhurajan (HUF), Prop.: Baalaji Process ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 24.6.2011 made in ITA.No.256/Mds/2009 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench for assessment year 2002-03. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent: No appearance 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. 1/4 http://www.judis.nic.in TCA.No.823 of 2013 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for short, Act) is directed against order dated 24.6.2011 made in ITA.No.256/Mds/2009 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench (for brevity, Tribunal) for assessment year 2002-03. 3. appeal has been admitted on 17.11.2014 on following substantial questions of law : i. Whether, on facts and in circumstances of case, Tribunal was right in deleting addition of Rs.68 lakhs made under Section 69 of Income Tax Act ? and ii. Whether, on facts and in circumstances of case, Tribunal was right in deleting addition when assessee has not disclosed purchase of property in return of income and therefore, Assessing Officer has rightly added same as unaccounted income of assessee ? 4. learned Senior Standing Counsel for appellant submits that above appeal is 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. 2/4 http://www.judis.nic.in TCA.No.823 of 2013 It is further submitted that tax effect in this case is less than threshold limit. 5. In light of said submissions, above tax case appeal is dismissed on account of low tax effect. substantial questions of law framed are left open. In event tax effect is above threshold limit fixed in said circular, liberty is granted to Revenue to make mention to this Court to restore appeal to be heard and decided on merits. 15.6.2020 To Income Tax Appellate Tribunal, Chennai 'A' Bench. RS 3/4 http://www.judis.nic.in TCA.No.823 of 2013 T.S.SIVAGNANAM,J AND PUSHPA SATHYANARAYANA,J RS TCA.No.823 of 2013 15.6.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Central Circle, Salem v. P.Madhurajan (HUF)
Report Error