Principal Commissioner

TCA.No.206 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.03.2021 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Tax Case Appeal No.206 of 2021 Principal Commissioner of Income Tax, Corporate Circle - 2(1), Chennai - 600 034. ...Appellant Vs M/s.GI Retail Private Limited, C-9, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600 032. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 01.03.2019 made in ITA.No.2498/Chny/2018 on the file of the Income Tax Appellate Tribunal, Madras 'D' Bench, for the assessment year 2013-14. For Appellant: Mr.R.Karthik Ranganathan Senior Standing Counsel 1/4 https://www.mhc.tn.gov.in/judis/ TCA.No.206 of 2021 Judgment d

elivered by T.S.Sivagnanam,J.

This appeal, filed by the Revenue, is directed against the order dated 01.03.2019 made in ITA.No.2498/Chny/2018 on the file of the Income Tax Appellate Tribunal, Madras 'D' Bench (for brevity, the Tribunal) for the assessment year 2013-14. 2. The appellant-Revenue has raised the following substantial question of law for consideration: "Whether on the facts and circumstances of the case and in law, the Tribunal was correct in treating the belated returns of income as if the return was filed within the time limit provided u/s139(1) of the Act by relying on the CBDT Circular in F.No.225/117/2013/ITA.II, dated 24.10.2013, when the circular specifically states that the extended due date of 31.10.2013 is applicable only to cases where the audit reports were due to be filed along with the returns?" 3. We have heard Mr.R.Karthik Ranganathan, learned Senior Standing Counsel for the appellant-Revenue. 2/4 https://www.mhc.tn.gov.in/judis/ TCA.No.206 of 2021 4. The learned Senior Standing Counsel appearing 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 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 file a petition before this Court to restore the appeal to be heard and decided on merits. No costs. (T.S.S.,J.) (R.N.M.,J.) 15.03.2021 Index: Yes/No Internet:Yes/No hvk 3/4 https://www.mhc.tn.gov.in/judis/ TCA.No.206 of 2021 T.S.SIVAGNANAM,J AND R.N.MANJULA,J hvk To 1. The Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai. 2. The Principal Commissioner of Income Tax, Corporate Circle - 2(1), Chennai - 600 034. TCA.No.206 of 2021 15.03.2021 4/4 https://www.mhc.tn.gov.in/judis/