The Commissioner of Income-tax, Ward 2, Vellore-1 v. B.S.Venkatesan
[Citation -2020-LL-0923-36]

Citation 2020-LL-0923-36
Appellant Name The Commissioner of Income-tax, Ward 2, Vellore-1
Respondent Name B.S.Venkatesan
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 23/09/2020
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags monetary limit • low tax effect
Bot Summary: 736/Chny/2018 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 2010-11. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 22.1.2019 made in ITA.No. The Revenue has filed this appeal by raising the following substantial questions of law : i. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the property belongs to HUF and not to be assessable in the hands of the individual assessee ii. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the property belongs to HUF when such plea was not raised by the assessee before any of the Lower Authorities and they did not have any opportunity to adjudicate the same and iii. 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.363 of 2019 In High Court of Judicature at Madras Dated : 23.9.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.363 of 2019 Commissioner of Income Tax, Ward 2, Vellore-1. ...Appellant Vs Shri B.S.Venkatesan Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 22.1.2019 made in ITA.No.736/Chny/2018 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench for assessment year 2010-11. For Appellant: Mrs.V.Pushpa, SC For Respondent: Mr.B.Christ Das Judgment was delivered by T.S.Sivagnanam,J We have heard Mrs.V.Pushpa, learned Standing Counsel appearing for appellant Revenue and Mr.B.Christ Das learned counsel appearing for respondent assessee. 1/4 http://www.judis.nic.in TCA.No.363 of 2019 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for short, Act) is directed against order dated 22.1.2019 made in ITA.No.736/Chny/2018 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench (for brevity, Tribunal) for assessment year 2010-11. 3. Revenue has filed this appeal by raising following substantial questions of law : i. Whether, on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that property belongs to HUF and not to be assessable in hands of individual assessee ? ii. Whether, on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that property belongs to HUF when such plea was not raised by assessee before any of Lower Authorities and they did not have any opportunity to adjudicate same ? and iii. Whether, on facts and in circumstances of case, Income Tax Appellate Tribunal erred in holding that property belongs to HUF when there is no material on record to support claim of assessee and whether alleged HUF has any PAN or property has been disclosed it is accounts ? 2/4 http://www.judis.nic.in TCA.No.363 of 2019 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 raised 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. 23.9.2020 To Income Tax Appellate Tribunal, Chennai 'A' Bench. RS 3/4 http://www.judis.nic.in TCA.No.363 of 2019 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.363 of 2019 23.9.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Ward 2, Vellore-1 v. B.S.Venkatesan
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