Commissioner of Income-tax, Central Circle, Coimbatore v. G.Mohan
[Citation -2020-LL-0618-32]

Citation 2020-LL-0618-32
Appellant Name Commissioner of Income-tax, Central Circle, Coimbatore
Respondent Name G.Mohan
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 18/06/2020
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags monetary limit • low tax effect
Bot Summary: PAN: AJCPM3554G ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 19.11.2013 made in I.T.A.No. 515/Mds/2013 on the file of the Income Tax Appellate Tribunal 'B' Bench, Chennai for the assessment year 2002-03. Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in allowing depreciation when the income determined on the basis of net accretion in wealth between the first year and the last year 2. Whether on the facts and circumstances of the case, the Tribunal was right in allowing depreciation when the assessee's income is taxed on a rough and ready method on approximate basis, is there any justification for granting statutory allowance 4. 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. 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.468 of 2014 In High Court of Judicature at Madras Dated : 18.06.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal No.468 of 2014 Commissioner of Income Tax, Central Circle, Coimbatore. ...Appellant -vs- Shri G.Mohan, 35, Thirumalai Nagar, South 1st Street, P.N.Road, Tirupur-641 602. PAN: AJCPM3554G ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 19.11.2013 made in I.T.A.No.515/Mds/2013 on file of Income Tax Appellate Tribunal 'B' Bench, Chennai for assessment year 2002-03. For Appellant : Mr.T.R.Senthil Kumar, Senior Standing Counsel & Ms.K.G.Usha Rani, Standing Counsel For Respondent : Mr.N.Devanathan & Mr.Suganthiraj ****** 1/4 http://www.judis.nic.in TCA.No.468 of 2014 Judgment was delivered by T.S.Sivagnanam,J. We have heard Mr.T.R.Senthil Kumar, learned Senior Standing Counsel and Ms.K.G.Usha Rani, learned Standing Counsel for appellant-Revenue and Mr.N.Devanathan, learned counsel and Mr.Suganthiraj, learned counsel for respondent-assessee. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 19.11.2013 made in I.T.A.No.515/Mds/2013 on file of Income Tax Appellate Tribunal 'B' Bench, Chennai for assessment year 2002-03. 3. appeal was admitted on 16.09.2014 on following substantial questions of law: 1. Whether on facts and circumstances of case, Income Tax Appellate Tribunal was right in allowing depreciation when income determined on basis of net accretion in wealth between first year and last year? 2. Whether on facts and circumstances of case, Tribunal was justified in allowing claim of depreciation when assessee has failed to produce any details regarding assets and their usage for years 2002-03 to 2007-08? 2/4 http://www.judis.nic.in TCA.No.468 of 2014 3. Whether on facts and circumstances of case, Tribunal was right in allowing depreciation when assessee's income is taxed on rough and ready method on approximate basis, is there any justification for granting statutory allowance? 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. (T.S.S., J.) (P.S.N., J.) 18.06.2020 Internet: Yes abr 3/4 http://www.judis.nic.in TCA.No.468 of 2014 T.S.SIVAGNANAM,J AND PUSHPA SATHYANARAYANA, J. abr To Income Tax Appellate Tribunal 'B' Bench, Chennai. TCA.No.468 of 2014 18.06.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Central Circle, Coimbatore v. G.Mohan
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