COMMISSIONER OF INCOME TAX-I vs. S. ARPUTHARAJ

T.C.A.No.29 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.06.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.29 of 2015 Commissioner of Income Tax - I 63, Race Course Road, Coimbatore 641 018. ... Appellant Versus S.Arputharaj

... Respondent Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order dated 05.12.2013 passed by the Income Tax Appellate Tribunal, “A” Bench, Chennai, in C.O.No.104/Md/2013 in I.T.A.No.1054/Mds/2013. For Appellant : Mr.M.Swaminathan, Senior Standing Counsel Mrs. V.Pushpa, Standing Counsel For Respondent : Mr.R.Anish Kumar Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.29 of 2015 JUDGMENT (Judgment of the Court was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 05.12.2013 passed by the Income Tax Appellate Tribunal, “A” Bench, Chennai, in C.O.No.104/Mds/2013 in I.T.A.No.1054/Mds/2013, relating to the assessment year 2009-10. 2.By order dated 23.02.2015, this court admitted the aforesaid tax case appeal on the following substantial questions of law: “(i) Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in allowing the expenditure of Rs.68,40,000/- towards real estate transaction when the agreement between the parties were terminated? (ii) Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in allowing the expenditure of Rs.68,40,000/- for which the assessee is not able to produce any evidence before the Assessing Officer? Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.29 of 2015 3.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 appeal 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. 4.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the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial questions of law for determination in an appropriate case. No costs. (R.M.D., J.) (M.S.Q., J.) 28.06.2022

Internet : Yes

Index : Yes / No av Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.29 of 2015 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. av To 1. The Income Tax Appellate Tribunal, “A” Bench, Chennai. 2. The Commissioner of Income Tax - I 63, Race Course Road, Coimbatore 641 018. 3. The Assistant Commissioner of Income Tax, Company Circle I (1), 63, Race Course, Chennai - 641 018.