TCA.No.494 of 2015 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.494 of 2015 Commissioner of Income Tax, No.63, Race Course Road, Coimbatore. ...Appellant -vs- M/s.Eastman Exports Global Clothing (P) Ltd., No.10-12, Kumar Nagar, South 2nd Street, Tirupur-641 003. PAN: AACCC0952E ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 09.01.2015 made in I.T.A.No.773/Mds/2014 on file of Income Tax Appellate Tribunal 'D' Bench, Chennai for assessment year 2009-10. For Appellant : Mr.T.R.Senthil Kumar, Senior Standing Counsel & Ms.G.Usha Rani, Standing Counsel For Respondent : Mr.R.Senniappan 1/4 http://www.judis.nic.in TCA.No.494 of 2015 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 appearing for appellant- Revenue and Mr.R.Senniappan, learned counsel appearing for respondent-assessee. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 09.01.2015, made in I.T.A.No.773/Mds/2014 on file of Income Tax Appellate Tribunal 'D' Bench, Chennai for assessment year 2009-10. 3. appeal was admitted on 08.07.2015 on following substantial question of law:- Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that proceeds realized by assessee on sale of Certified Emission Reduction Credit, which assessee had earned on Clean Development Mechanism in its wind energy operations, is capital receipt and not taxable? 2/4 http://www.judis.nic.in TCA.No.494 of 2015 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 question of law framed is 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 To Income Tax Appellate Tribunal 'D' Bench. abr 3/4 http://www.judis.nic.in TCA.No.494 of 2015 T.S.SIVAGNANAM,J AND PUSHPA SATHYANARAYANA, J. abr TCA.No.494 of 2015 18.06.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Coimbatore v. Eastman Exports Global Clothing (P) Ltd