COMMISSIONER OF INCOME TAX II vs. JONES MANASHA,

TCA.No.23 of 2016 In the High Court of Judicature at Madras Dated : 30.8.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.23 of 2016 Commissioner of Income Tax-Ii, Chennai-34 ...Appellant Vs Mr.Jones Manasha, Chennai-91. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 12.8.2015 made in ITA.No.612/Mds/2014 on the file of the Income Tax Appellate Tribunal, Chennai 'D' Bench for the assessment year 2010-11. For Appellant: Mr.Karthik Ranganathan, SSC assisted by Mr.S.Rajesh, SC Respondent: Served and no appearance Judgment was delivered by

T.S.Sivagnanam,J

We have heard Mr.Karthik Ranganathan, learned Senior Standing Counsel assisted by Mr.S.Rajesh, learned Standing Counsel appearing for the appellant – Revenue.

1/4 http://www.judis.nic.in TCA.No.23 of 2016 2. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 12.8.2015 made in ITA.No. 612/Mds/2014 on the file of the Income Tax Appellate Tribunal, Chennai 'D' Bench for the assessment year 2010-11. 3. The appeal was admitted on 22.1.2016 on the following substantial question of law : “Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in deleting the disallowance made under Section 14A read with Rule 8D when the assessee had claimed exempt income and the provisions of the Act are attracted ?” 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 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 2/4 http://www.judis.nic.in TCA.No.23 of 2016 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.

(T.S.S.J.) (V.B.S.J.) 30.8.2019 Speaking (or) Non Speaking Order Index : Yes (or) No Internet: Yes (or) No To The Income Tax Appellate Tribunal, Chennai 'D' Bench. RS 3/4 http://www.judis.nic.in TCA.No.23 of 2016 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.23 of 2016 30.8.2019 4/4 http://www.judis.nic.in