The Commissioner of Income T vs. Shri.A.P. Rajmohan

T.C.A.Nos.162 and 163 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 22.06.2022 CORAM THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal Nos.162 and 163 of 2022 AND C.M.P.No.9675 of 2022 The Commissioner of Income Tax Chennai .. Appellant in both cases Vs. A.P.Rajmohan No.48/83, Pudupet Street Alandur, Chennai 600 016 PAN : AJJPR0649A .. Respondent in TCA.No.162 of 2022 A.P.Madanmohan No.48/83, Pudupet Street Alandur, Chennai 600 016 PAN : AGZPM4775H .. Respondent in TCA.No.163 of 2022 Tax Case Appeals No.162 and 163 of 2022 filed under Section 260A of the Income Tax Act, 1961 against the orders dated 07.04.2017 passed by the Income Tax Appellate Tribunal, Madras 'C' Bench in ITA.No.2807/Mds/2016 and ITA.No.2808/Mds/2016, respectively. For Appellant : Mr.T.Ravi Kumar 1/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.162 and 163 of 2022 C O M M O N J U D G M E N T (Judgment was delivered by R. MAHADEVAN, J.) These tax case appeals have been filed by the appellant/Revenue, calling in question the correctness of the orders dated 07.04.2017 passed by the Income Tax Appellate Tribunal, 'C' Bench, Madras in I.T.A.No.2807/Mds/2016 and ITA.No.2808/Mds/2016, relating to the assessment year 2007-08, by raising the following substantial questions of law : (i) Whether the assessee is eligible for claiming deduction under Section 54F even if the conditions imposed thereunder are not satisfied ? (ii) Whether the assessee is entitled to the benefit of exemption under Section 54F in respect of one flat or nine flats which were allotted by the developer ? (iii) Whether the Tribunal having given a positive finding that the developer had handed over the completed flats on 29.09.2010 which is 3 years after the date of transfer of the original assets, was entitled to claim exemption under Section 54F without even satisfying the condition imposed under Section 54F(1) ? 2/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.162 and 163 of 2022 2. 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. 3. 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 questions of law for determination in appropriate cases. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D,J.] [M.S.Q, J.] 22.06.2022

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Index : Yes / No gya 3/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.162 and 163 of 2022 R. MAHADEVAN, J. AND MOHAMMED SHAFFIQ, J. gya To 1. The Commissioner of Income Tax Chennai 2. The Income Tax Appellate Tribunal Madras 'C' Bench Tax Case Appeal Nos.162 & 163 of 2022 22.06.2022 4/4 https://www.mhc.tn.gov.in/judis