Madras High Court
The Commissioner Of Income Tax vs M/S.Transworld Garnet India Pvt. Ltd on 27 August, 2019
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam, V.Bhavani Subbaroyan
TCA.No.232 of 2015
In the High Court of Judicature at Madras
Dated : 27.08.2019
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
Tax Case Appeal No.232 of 2015
The Commissioner of Income Tax,
Chennai. ...Appellant
Vs
M/s.Transworld Garnet India Pvt. Ltd.,
34/46, M.G.R. Road,
Kalashetra Colony, Besant Nagar,
Chennai - 600 090. ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the order
dated 24.10.2013 made in ITA.No.1353/MDS/2013 on the file of the Income Tax
Appellate Tribunal, Chennai 'C' Bench for the assessment year 2006-07.
For Appellant : Mr.M.Swaminathan, SSC
and Ms.V.Pushpa, SC
For Respondent : Mr.Srinath Sridevan
JUDGMENT
(Judgment was delivered by T.S.Sivagnanam,J.) We have heard Mr.M.Swaminathan, learned Senior Standing Counsel, and Ms.V.Pushpa, learned Standing Counsel appearing for the appellant/revenue 1/4 http://www.judis.nic.in TCA.No.232 of 2015 and Mr.Srinath Sridevan, learned counsel appearing for the respondent/assessee.
2.This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 24.10.2013 made in ITA.No.1353/MDS/2013 on the file of the Income Tax Appellate Tribunal, Chennai 'C' Bench for the assessment year 2006-07.
3.The appeal was admitted on 02.06.2015 on the following substantial question of law :
“Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in upholding the orders of CIT(A) who deleted the penalty imposed under Section 271G of the Income Tax Act especially when the assessee has violated Section 92D read with Rule 10B(g) of the Income Tax Rules?"
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 08.8.2019 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 2/4 http://www.judis.nic.in TCA.No.232 of 2015 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 question of law framed is 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.)
27.08.2019
cse
Speaking (or) Non Speaking Order
Index : Yes (or) No
To
1.M/s.Transworld Garnet India Pvt. Ltd., 34/46, M.G.R. Road, Kalashetra Colony, Besant Nagar, Chennai - 600 090.
2.The Income Tax Appellate Tribunal, Chennai 'C' Bench.
3/4http://www.judis.nic.in TCA.No.232 of 2015 T.S.SIVAGNANAM,J.
AND V.BHAVANI SUBBAROYAN,J.
cse TCA.No.232 of 2015 27.08.2019 4/4 http://www.judis.nic.in