PRINCIPAL COMMISIONER OF INC vs. M.CT.M.GLOBAL INVESTMENT PVT
What did the High Court hold?
The High Court, in light of the submission made by the learned counsel for the appellant/Revenue, noted that the tax effect in the present appeal was less than the monetary limit stipulated in CBDT Circular No.17/2019. Consequently, the Court dismissed the appeal as withdrawn. The Court explicitly stated that the substantial question of law remains open for determination in appropriate cases. No costs were awarded. The connected Civil Miscellaneous Petition was also closed.
What were the facts?
The Revenue, represented by the Principal Commissioner of Income-tax, filed a Tax Case Appeal under Section 260A of the Income Tax Act, 1961, before the High Court of Judicature at Madras. The appeal challenged an order dated 21.10.2016 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, concerning assessment year 2007-08. The respondent in the appeal is M/s. M.Ct.M. Global Investments Pvt Ltd. The appeal was filed against the Tribunal's order in ITA No.1285/Mds/2011. The High Court was considering the appeal and a connected Civil Miscellaneous Petition.
What were the issues?
1. Whether the appeal filed by the Revenue is maintainable before the High Court, considering the monetary limit prescribed by CBDT Circular No.17/2019? The Revenue argued that the appeal should not be pursued as the tax effect is less than Rs.1,00,00,000/-, as stipulated in CBDT Circular No.17/2019 dated 08.08.2019. The Revenue brought this circular to the notice of the court. The judgment does not record any arguments from the respondent.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Tax Case Appeal No. 239 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.10.2022 CORAM : THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE C.SARAVANAN Tax Case Appeal No.239 of 2019 & C.M.P. No. 6901 of 2019 The Principal Commissioner of Income-tax Central 4, No.121, Mahatma Gandhi Road, Chennai.
.. Appellant Versus M/s. M.Ct.M. Global Investments Pvt Ltd., 761, Anna Salai, Chennai – 600 002. PAN: AAB CM 9738 K
.. Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order dated 21.10.2016 in ITA No.1285/Mds/2011 passed by the Income Tax Appellate Tribunal, Madras “A” Bench. For Appellant :: Mr.Karthik Ranganathan For Respondent :: Ms.S. Sreelakshmi Valli 1/5 https://www.mhc.tn.gov.in/judis Tax Case Appeal No. 239 of 2019 J U D G M E N T S.VAIDYANATHAN, J and C.SARAVANAN, J This Tax Case Appeal has been filed by the Appellant / Revenue, calling in question the correctness of the order dated 21.10.2016 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, in I.T.A.No1285/Mds/2011, relating to the assessment year 2007-08. 2. When the matter was 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 this appeal is less than the threshold limit. 2/5 https://www.mhc.tn.gov.in/judis Tax Case Appeal No. 239 of 2019 3. In the light of the aforesaid submissions made by the learned counsel for the appellant / Revenue, the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs. Connected C.M.P. is closed. 4. Registry is directed to return the original order, if any enclosed along with this Appeal after retaining a copy of the same in the court bundle. [S.V.N, J.] [C.S.N, J.] 31.10.2022 4/6
Internet : Yes
Index : Yes / No nv To 1. The Income Tax Appellate Tribunal, Chennai “A” Bench. 2.The Assistant Commissioner of Income Tax , Company Circle-IV(3), Chennai 34. 3.The Commissioner of Income Tax (Appeals) - V, Chennai. 3/5 https://www.mhc.tn.gov.in/judis Tax Case Appeal No. 239 of 2019 S . VAIDYANATHAN, J.
AND C.SARAVANAN
, J . nv T.C.A. No. 239 of 2019 31.10.2022 4/5 https://www.mhc.tn.gov.in/judis Tax Case Appeal No. 239 of 2019 5/5 https://www.mhc.tn.gov.in/judis
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