THE COMMISSIONER OF INCOME T vs. M/S CAVINKARE PVT LTD

TCA.Nos.322 and 323 of 2015 In the High Court of Judicature at Madras Dated : 27.08.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.322 and 323 of 2015 The Commissioner of Income Tax, Chennai. ...Appellant Vs M/s.Cavinkare Pvt. Ltd., 12, Cenotaph Road, Chennai - 600 018. ...Respondent APPEALS under Section 260A of the Income Tax Act, 1961 against the common order dated 22.02.2013 made in ITA.Nos.1231 and 1232/Mds/2012 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment years 2002-03 and 2003-04. For Appellant: Mr.T.Ravikumar, SSC assisted by Ms.R.Hemalatha, SSC For Respondent: No appearance 1/4 http://www.judis.nic.in TCA.Nos.322 and 323 of 2015 COMMON JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.T.Ravikumar, learned Senior Standing Counsel assisted by Ms.R.Hemalatha, learned Standing Counsel appearing for the appellant – Revenue. 2.These appeals, filed by the Revenue under Section 260A of the Income Tax Act, 1961, are directed against the common order dated 22.02.2013 made in ITA.Nos.1231 and 1232/Mds/2012 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment years 2002-03 and 2003-04. 3.The appeals were admitted on 22.07.2015 on the following substantial question of law : “Whether the Tribunal was justified in setting aside the order passed under Section 263 of the Income Tax Act?” 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 2/4 http://www.judis.nic.in TCA.Nos.322 and 323 of 2015 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 framed 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 make a mention to this Court to restore the appeals to be heard and decided on merits. No costs. (T.S.S.J.) (V.B.S.J.) 27.08.2019 cse Speaking (or) Non Speaking Order Index : Yes (or) No To The Income Tax Appellate Tribunal, Chennai 'A' Bench. 3/4 http://www.judis.nic.in TCA.Nos.322 and 323 of 2015 T.S.SIVAGNANAM,J. AND V.BHAVANI SUBBAROYAN,J. cse TCA.Nos.322 and 323 of 2015 27.08.2019 4/4 http://www.judis.nic.in