Madras High Court
Commissioner Of Income Tax Iv vs Shri K.J.Yesudoss on 26 August, 2019
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam, V.Bhavani Subbaroyan
T.C.A.No.131 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2019
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Tax Case Appeal No.131 of 2013
Commissioner of Income Tax IV,
121, M.G.Road, Chennai-600 034. .. Appellant
-vs-
Shri K.J.Yesudoss,
13, 3rd Street, Abhiramapuram,
Chennai-600 018.
PAN: AAOPY 9888L .. Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the
order dated 26.09.2012, made in I.T.A.No.2171/Mds/2008 on the file of the
Income Tax Appellate Tribunal 'C' Bench, Chennai for the assessment year
1993-94.
For Appellant : Mr.M.Swaminathan, SSC
: assisted by Ms.V.Pushpa
Standing Counsel
For Respondent : Mr.R.Balasubramanian &
J.Nichani
******
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T.C.A.No.131 of 2013
JUDGMENT
(Delivered by T.S.Sivagnanam, J.) This appeal filed by the Revenue under Section 260A of the Income-tax Act, 1961 is directed against the order dated 26.09.2012, made in I.T.A.No.2171/Mds/2008 on the file of the Income Tax Appellate Tribunal 'C' Bench, Chennai for the assessment year 1993-94.
2.The above appeal was admitted on 04.04.2013, on the following substantial questions of law:-
“(i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee is eligible for deduction under Section 80HHC invoking explanation (aa) to Section 80HHC when the goods master tapes have not crossed the frontiers of India? and
(ii) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in passing fresh order holding that the assessee is eligible for deduction under Section 80HHC, when originally, in the order dated 04.10.2011, it was held that the master tapes were not crossed the frontiers of India and the assessee is not eligible for relief under Section 80HHC?” 2/4 http://www.judis.nic.in T.C.A.No.131 of 2013
3.Heard Mr.M.Swaminathan, learned Senior Standing Counsel assisted by Ms.V.Pushpa, learned Standing Counsel for the appellant – and Mr.R.Balasubramanian and Ms.J.Nichani, learned counsel for the respondent.
4.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 08.08.2019 issued by the Central Board of Direct Taxes. By the said Circular, the monetary limit for filing or pursuing an appeal before the High Court has been increased to Rs.1 Crore. It is further submitted that the tax effect in this case is less than the threshold limit.
5.In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. The substantial questions of law framed are left open. 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. No costs.
(T.S.S., J.) (V.B.S., J.)
26.08.2019
Index : Yes/No
Speaking/Non-Speaking Order
abr
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T.C.A.No.131 of 2013
T.S.Sivagnanam, J.
and
V.Bhavani Subbaroyan, J.
(abr)
To
The Income Tax Appellate Tribunal 'C' Bench, Chennai. T.C.A.No.131 of 2013
26.08.2019 4/4 http://www.judis.nic.in