THE COMMISSIONER OF INCOME T vs. SHRI N.K.MOHNOT

TCA.Nos.255 & 256 of 2021 In the High Court of Judicature at Madras Dated : 30.3.2021 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Tax Case Appeal Nos.255 & 256 of 2021 & CMP.No.6736 of 2021 The Commissioner of Income Tax, Chennai-34 ...Appellant Vs Shri.N.K.Mohnot ...Respondent APPEALS under Section 27A of the Wealth Tax Act, 1957 against the common order dated 17.3.2017 made respectively in WTA.Nos.21 and 20/Mds/2016 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench respectively for the assessment years 1984-85 and 1983-84. For Appellant : Mrs.R.Hemalatha, SSC For Respondent : Mr.Ashokpathy for M/s.Pass Associates 1/4 https://www.mhc.tn.gov.in/judis/ TCA.Nos.255 & 256 of 2021 COMMON JUDGMENT (Judgment was delivered by

T.S.Sivagnanam,J)

We have heard Mrs.R.Hemalatha, learned Senior Standing Counsel appearing for the appellant – Revenue and Mr.Ashokpathy, learned counsel accepting notice for the respondent. 2. These appeals, filed by the Revenue under Section 27A of the Wealth Tax Act, 1957 (for short, the Act) are directed against the common order dated 17.3.2017 made respectively in WTA.Nos.21 and 20/Mds/2016 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench (for brevity, the Tribunal) respectively for the assessment years 1984-85 and 1983-84. 3. The Revenue has filed these appeals by raising the following substantial question of law : “Whether on the facts and in the circumstances of the case, the Tribunal was right in remitting back the issue of additions made under the wealth tax assessment for the assessment years 1983-84 and 1984-85 to the file of the Assessing Officer with a direction to delete such additions made if the Assessing Officer finds that in the Tribunal's common order pertaining to income tax assessment were deleted by the Tribunal as the additions 2/4 https://www.mhc.tn.gov.in/judis/ TCA.Nos.255 & 256 of 2021 made in the wealth tax assessments were deleted by the Tribunal forgetting the fact that the issue had not attained finality as tax case (appeals) had been filed before the High Court of Madras?” 4. The learned Senior Standing Counsel for the appellant submits that the above appeals are 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 the respective cases is less than the threshold limit. 5. In the light of the said submissions, the above tax case appeals are dismissed on account of the low tax effect. The substantial question of law raised is left open. In the event the tax effect in the respective cases 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 appeals to be heard and decided on merits. No costs. Consequently, the connected CMP is closed. RS

30.3.2021 3/4 https://www.mhc.tn.gov.in/judis/ TCA.Nos.255 & 256 of 2021 T.S.SIVAGNANAM,J AND R.N.MANJULA,J RS To The Income Tax Appellate Tribunal, Chennai 'A' Bench TCA.Nos.255 & 256 of 2021 and CMP.No.6736 of 2021 30.3.2021 4/4 https://www.mhc.tn.gov.in/judis/