The Commissioner of Income-tax, Chennai v. Alagumalai Impex Pvt. Ltd
[Citation -2020-LL-0717-19]

Citation 2020-LL-0717-19
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name Alagumalai Impex Pvt. Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 17/07/2020
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags monetary limit • low tax effect • exempt income
Bot Summary: 407 of 2018 Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.Ravikumar, learned Senior Standing Counsel, assisted by Ms.R.Hemalatha, learned Standing Counsel appearing for the appellant Revenue. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 11.07.2017 made in I.T.A.No. 214/Mds/2014 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2008-09. 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. 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.407 of 2018 In High Court of Judicature at Madras Dated : 17.07.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.407 of 2018 Commissioner of Income Tax, Chennai. ...Appellant Vs M/s.Alagumalai Impex Pvt Ltd No.95, New Avadi Road, Kilpauk, Chennai 600 010. PAN : AADCA6590R ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, Madras ''B'' Bench Chennai, dated 11.07.2017 passed in I.T.A.No.214/Mds/2014. For Appellant: Mr.T.Ravikumar Respondent: Mr.R.Kumar 1/4 http://www.judis.nic.in TCA.No.407 of 2018 Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.Ravikumar, learned Senior Standing Counsel, assisted by Ms.R.Hemalatha, learned Standing Counsel appearing for appellant Revenue. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 11.07.2017 made in I.T.A.No.214/Mds/2014 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment year 2008-09. 3. appeal was raised on following substantial questions of law : 1.Whether, Tribunal was correct in holding that section 14A disallowance are to be made only when assessee earns exempt income which is contrary to wording in Section as well as Rule 8D as they do not provide for any such exemption? 2.Whether disallowance u/s.14A could be made even in situation where no exempt income is earned but exempt income bearing investments 2/4 http://www.judis.nic.in TCA.No.407 of 2018 are there? 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. (T.S.S., J.) (V.B.S., J.) 17.07.2020 Internet: Yes sk 3/4 http://www.judis.nic.in TCA.No.407 of 2018 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN, J. sk To Income Tax Appellate Tribunal, Madras ''B'' Bench, Chennai. TCA.No.407 of 2018 17.07.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Alagumalai Impex Pvt. Ltd
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