TCA.No.1121 of 2015 In High Court of Judicature at Madras Dated : 16.6.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal No.1121 of 2015 Commissioner of Income Tax, Chennai ...Appellant Vs M/s.MRF Ltd., Chennai-6 ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 13.5.2015 made in ITA.No.521/Mds/2014 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench for assessment year 2009-10. For Appellant: Mr.T.Ravikumar, SSC & Mrs.R.Hemalatha, SSC For Respondent: Mr.R.Vijayaraghavan for M/s.Subbarayar Aiyer Padmanabhan Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.Ravikumar and Mrs.R.Hemalatha, learned Senior Standing Counsel appearing for appellant Revenue and Mr.R.Vijayaraghavan, learned counsel appearing on behalf of M/s.Subbaraya 1/4 http://www.judis.nic.in TCA.No.1121 of 2015 Aiyer Padmanabhan, learned counsel on record for respondent. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for short, Act) is directed against order dated 13.5.2015 made in ITA.No.521/Mds/2014 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench (for brevity, Tribunal) for assessment year 2009-10. 3. appeal has been admitted on 08.12.2015 on following substantial questions of law : 1. Whether on facts and in circumstances of case, Tribunal was right in deleting additions made by AO under Section 115WB(1) under Fringe Benefit Tax? 2. Is not finding of Tribunal bad as it is against Rule of consistency especially when decision for earlier asst years 2006-07, 2007-08 and 2008-09 had been decided in favour of department but had deviated from same in present asst. year especially when there is no change in circumstances? And 3.Whether on facts and circumstances of case, Tribunal was right in holding provisions of Sec.115WB(2) and 115WB(3) are not applicable especially when basis of taxation for Fringe Benefit has been clarified in Board Circular 2/4 http://www.judis.nic.in TCA.No.1121 of 2015 No.8 of 2005?" 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. 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. No costs. 16.6.2020 To Income Tax Appellate Tribunal, Chennai 'A' Bench. RS 3/4 http://www.judis.nic.in TCA.No.1121 of 2015 T.S.SIVAGNANAM,J AND PUSHPA SATHYANARAYANA,J RS TCA.No.1121 of 2015 16.6.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. MRF Ltd