Madras High Court
Commissioner Of Income Tax vs Smt. Suraj Kumari Jain on 4 August, 2022
Author: R. Mahadevan
Bench: R. Mahadevan, Mohammed Shaffiq
TCA.Nos. 29 and 30 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2022
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A.Nos. 29 and 30 of 2013
Commissioner of Income Tax,
Chennai .. Appellant in both appeals
Versus
Smt. Suraj Kumari Jain,
No.46, Dewan Rama Road,
Purasawalkam,
Chennai 600 084. .. Respondent in TCA.No.29/2013
Shri Mukesh Kumar Jain,
No.46, Dewan Rama Road,
Purasawalkam,
Chennai 600 084. .. Respondent in TCA.No.30/2013
Tax Case Appeals filed under Section 260A of the Income Tax Act,
1961, against the order of the Income Tax Appellate Tribunal Madras “A”
Bench, dated 03.05.2012 passed in ITA.Nos.345 & 346/Mds/2012 for the
assessment year 2003-04.
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https://www.mhc.tn.gov.in/judis
TCA.Nos. 29 and 30 of 2013
For Appellant : Mr.T,Ravikumar
Standing Counsel in both TCAs
For Respondents : Mr.R.Sivaraman in both TCAs
COMMON JUDGMENT
(Judgment of the Court was delivered by R. MAHADEVAN, J.) These Tax Case Appeals have been filed by the appellant / revenue, questioning the correctness of the order dated 03.05.2012 passed by the Income Tax Appellate Tribunal Madras “A” Bench, in ITA.Nos.345 & 346/Mds/2012, relating to the assessment year 2003-04.
2.By order dated 19.02.2013, this court admitted the aforesaid tax case appeal on the following substantial question of law:
' Whether on facts and circumstances of the case, the Tribunal was right in holding that the order of the assessing officer in making addition of Rs.45,00,000/- invested by the assessee into ITCOT Ltd., as unexplained investment under Section 69 cannot be sustained in law?” 2/4 https://www.mhc.tn.gov.in/judis TCA.Nos. 29 and 30 of 2013
3. When the matters were taken up for consideration, the learned counsel for 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 these appeals 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 appeals, wherein, the tax effect is said to be less than the monetary limit imposed, are dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs.
[R.M.D,J.] [M.S.Q., J.]
04.08.2022
msr
Index : Yes / No
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https://www.mhc.tn.gov.in/judis TCA.Nos. 29 and 30 of 2013 R. MAHADEVAN, J.
and MOHAMMED SHAFFIQ, J.
msr To
1. The Commissioner of Income Tax, Chennai III (i/c), Chennai.
2. The Commissioner of Income Tax (Appeals)-V Chennai-34
3. The Income Tax Appellate Tribunal Madras “A” Bench, Chennai.
T.C.A.Nos. 29 and 30 of 2013 04.08.2022 4/4 https://www.mhc.tn.gov.in/judis