Judgt. dt. 18.9.2020 in T.C.A.250 & 251/2015 CIT v. Atlas Metal Processors Pvt. Ltd. 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.9.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE KRISHNAN RAMASAMY Tax Case (Appeal) Nos.250 & 251 of 2015 Commissioner of Income Tax, Chennai. Appellant Vs. M/s.Atlas Metal Processors Pvt. Ltd. No.173/3, Old Mahabalipuram Road, Nehru Street, Sholinganallur, Chennai 600 119. Respondent Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 22.11.2013 made in ITA Nos.1307 & 1308/Mds/2013. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For Respondent : No appearance. COMMON JUDGMENT (Delivered by DR.VINEET KOTHARI,J) These Tax Case Appeals have been filed by Revenue, calling in question correctness of order passed by Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 22.11.2013 made in ITA Nos.1307 & 1308/Mds/2013, for Assessment Years 2006-2007 and http://www.judis.nic.in Judgt. dt. 18.9.2020 in T.C.A.250 & 251/2015 CIT v. Atlas Metal Processors Pvt. Ltd. 2/4 2008-2009, by raising following substantial question of law: "Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that assessee was entitled to deduction u/s.10B for Assessment Year under consideration in respect of old unit, merely on approval of Development Commissioner, MEPZ and Customs Commissioner's approval for bonded warehouse, which do not address issues such as shifting of machinery or bifurcation or reconstruction of existing business?" 2. When matters are taken up for hearing, learned Senior Standing Counsel brought to our notice Circular instruction issued by Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, wherein, it is stipulated that appeals shall not be filed/pursued by Department before High Court in cases where tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In instant cases, tax effect is said to be less than monetary limit imposed and therefore, Appeals filed by http://www.judis.nic.in Judgt. dt. 18.9.2020 in T.C.A.250 & 251/2015 CIT v. Atlas Metal Processors Pvt. Ltd. 3/4 Revenue are dismissed, as withdrawn, keeping open substantial question of law for determination in appropriate cases. Copy of this order may be sent to Assessee. No costs. (V.K.,J.) (K.R.,J.) 18.9.2020 Index : Yes/No Internet : Yes/No ssk. To 1. Income Tax Appellate Tribunal, 'D' Bench, Chennai. 2. Commissioner of Income Tax, Chennai. 3. Dy Commissioner of Income Tax, Company Circle I(1), Chennai. 4. M/s.Atlas Metal Processors Pvt. Ltd. No.173/3, Old Mahabalipuram Road, Nehru Street, Sholinganallur, Chennai 600 119. http://www.judis.nic.in Judgt. dt. 18.9.2020 in T.C.A.250 & 251/2015 CIT v. Atlas Metal Processors Pvt. Ltd. 4/4 DR.VINEET KOTHARI, J. and KRISHNAN RAMASAMY, J. ssk. T.C.(A) Nos.250 & 251 of 2015 18.9.2020. http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Atlas Metal Processors Pvt. Ltd