The Commissioner of Income-tax, Chennai v. Lakshminaryanan Ganesh
[Citation -2020-LL-0721-11]

Citation 2020-LL-0721-11
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name Lakshminaryanan Ganesh
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 21/07/2020
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags reassessment proceeding • documentary evidence • monetary limit • low tax effect
Bot Summary: In Page 1 of 5 TCA No.415 of 2018 JUDGMENT T.S.SIVAGNANAM, J. We have heard Mr.T.Ravikumar, learned Senior Standing Counsel appearing for the appellant/Revenue and Mr.Vijayaraghavan, learned Standing Counsel appearing for the respondent/assessee. This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961, is directed against the order dated 20.06.2017 passed by the Income Tax Appellate Tribunal 'B' Bench, Madras, in ITA No.333/Mds/2017 for the Assessment Year 2007- 08. A Rane Holding Ltd., in which he was one of the promoter and therefore the transaction is liable to be taxed u/sec. 56(2)(vii) of the Income Tax Act Whether the Tribunal was right in granting relief to the assessee especially when the assessee has failed to substantiate the valuation of the share transferred with documentary evidence after the CIT had held it was a sham transaction 4. The learned Senior Standing Counsel for the appellant/revenue 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.


TCA No.415 of 2018 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.07.2020 CORAM: HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.415 of 2018 Commissioner of Income Tax, Chennai. Appellant versus M/s.Lakshminaryanan Ganesh, No.132, Cathedral Road, Chennai - 600086. Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961, against order made in ITA No.333/Mds/2017 dated 20.06.2017 passed by Income Tax Appellate Tribunal Madras 'B' Bench, for Assessment Year 2007-08. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For Respondent : Mr.Vijayaraghavan for M/s.Subbaraya Aiyar Padmanabhan and Ramamani http://www.judis.nic.in Page 1 of 5 TCA No.415 of 2018 JUDGMENT T.S.SIVAGNANAM, J. We have heard Mr.T.Ravikumar, learned Senior Standing Counsel appearing for appellant/Revenue and Mr.Vijayaraghavan, learned Standing Counsel appearing for respondent/assessee. 2. This appeal filed by revenue under Section 260A of Income Tax Act, 1961 (the 'Act' for brevity), is directed against order dated 20.06.2017 passed by Income Tax Appellate Tribunal 'B' Bench, Madras, in ITA No.333/Mds/2017 for Assessment Year 2007- 08. 3. appeal was admitted on 14.06.2019 on following substantial questions of law : "(i) Whether Tribunal was right in quashing reassessment proceeding which was initiated within four year especially when AO had not formed any opinion in respect of long term capital gains and income of assessee chargeable to tax had escaped assessment? (ii) Whether finding of Tribunal is proper especially when no evidence was placed by assessee with regard to listing of Private Ltd. Company especially when assessee has http://www.judis.nic.in Page 2 of 5 TCA No.415 of 2018 received Rs.2.35 Crores from Public Limited Company viz., Rane Holding Ltd., in which he was one of promoter and therefore transaction is liable to be taxed u/sec.56(2)(vii) of Income Tax Act? (iii) Whether Tribunal was right in granting relief to assessee especially when assessee has failed to substantiate valuation of share transferred with documentary evidence after CIT (A) had held it was sham transaction?" 4. learned Senior Standing Counsel for appellant/revenue 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 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 http://www.judis.nic.in Page 3 of 5 TCA No.415 of 2018 merits. [T.S.S., J.] [V.B.S., J.] 21.07.2020 Index : Yes/No Internet : Yes Speaking/Non-speaking order. ars http://www.judis.nic.in Page 4 of 5 TCA No.415 of 2018 T.S.SIVAGNANAM, J. AND V.BHAVANI SUBBAROYAN, J. ars TCA No.415 of 2018 21.07.2020 http://www.judis.nic.in Page 5 of 5 Commissioner of Income-tax, Chennai v. Lakshminaryanan Ganesh
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