Madras High Court
Commissioner Of Income-Tax vs Shri V.N.Devadoss Huf on 21 September, 2022
Author: S.Vaidyanathan
Bench: S.Vaidyanathan, C.Saravanan
Tax Case Appeal No. 824 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE C.SARAVANAN
Tax Case Appeal No.824 of 2014
Commissioner of Income-tax
Central Circle,
Chennai. .. Appellant
Versus
Shri V.N.Devadoss HUF
333, Poonamallee High Road,
Amaindakarai,
Chennai 600 029
PAN:AAAHV2596J .. Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order dated 04.02.2013 passed by the Income Tax Appellate Tribunal,
Chennai “A” Bench, in I.T.A.No.1223/Mds/2012.
For Appellant : Mr.M.Swaminathan
For Respondent : Mr.R.Murali
***
https://www.mhc.tn.gov.in/judis
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Tax Case Appeal No. 824 of 2014
JUDGMENT
S.VAIDYANATHAN, J and C.SARAVANAN, J This Tax Case Appeal has been filed by the Appellant / Revenue, calling in question the correctness of the order dated 04.02.2013 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, in I.T.A.No.1223/Mds/2012, relating to the Assessment Year 2010-11.
2.By order dated 26.11.2014, this court admitted the aforesaid tax case appeal on the following substantial questions of law:
“(1) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that assessee is eligible for deduction u/s 80IB(10) even though the assessee has not filed the return of income within the due date specified u/s 139 (1) as prescribed u/s 80AC of the Income Tax Act?
(2) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the return filed by the assessee in response to notice under section 153A is equivalent to the return filed under Section 139 (1)?
(3) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the time allowed to file the return of income under Section 153A and the due date for filing the return of income specified under section 139 (1) are the same for the purpose of section 80AC of the Income Tax Act?
3. When the matter was taken up for consideration, the learned counsel for https://www.mhc.tn.gov.in/judis 2/4 Tax Case Appeal No. 824 of 2014 the appellant / Revenue brought to the notice of this court the Circular No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes, wherein, it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in this appeal is less than the threshold limit.
4. In the light of the aforesaid submissions made by the learned counsel for the appellant / Revenue, the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial question of law for determination in an appropriate cases. No costs.
5. Registry is directed to return the original order, if any enclosed along with this Appeal after retaining the copy of the same with the court bundle.
[S.V.N, J.] [C.S.N, J.]
21.09.2022
Internet : Yes
Index : Yes / No
arr
S. VAIDYANATHAN, J.
https://www.mhc.tn.gov.in/judis AND
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Tax Case Appeal No. 824 of 2014
C.SARAVANAN, J.
arr
To
The Income Tax Appellate Tribunal,
Chennai “A” Bench.
TCA No.824 of 2014
21.09.2022
https://www.mhc.tn.gov.in/judis
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