PRINCIPAL COMMISSIONER OF IN vs. M/S.AQUA PUMP INDUSTRIES

TCA.Nos386 and 387 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2022 CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.Nos. 386 and 387 of 2019 The Principal Commissioner of Income Tax 2, No.63, Race Course Road, Coimbatore .. Appellant in both appeals Versus M/s.Aqua Pump Industries, Post Box No.5803, Thudiyalur Post, Coimbatore 641 034 ..Respondent in both appeals Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras “B” Bench, dated 21.08.2018 passed in respective ITA.Nos.1355 and 1356/Chny/2017 for the respective assessment years 2013-14 and 2014-15. For Appellant in both cases : Mr. M. Swaminathan & M/s.V. Pushpa Standing counsel 1/5 https://www.mhc.tn.gov.in/judis TCA.Nos386 and 387 of 2019 For Respondent in both cases : Mr.R.Kumar for Mr.T.N. Seetharaman COMMON JUDGMENT (Judgment of the Court was delivered by R. MAHADEVAN, J.) These Tax Case Appeals have been filed by the appellant / revenue, questioning the correctness of the order dated 21.08.2018 passed by the Income Tax Appellate Tribunal, Madras “B” Bench, in respective ITA.Nos. 1355 and 1356/Chny/2017 relating to respective assessment years 2013-14 and 2014-15. 2. On 24.06.2019, the aforesaid tax case appeals were admitted on the following substantial question of law; '1. Whether the Appellate Tribunal failed to consider that in the assessee's own case for the earlier assessment years, the subject matter of appeals were admitted on 03.07.2018 and are pending in TCA.Nos.341 and 342 of 2018 and similarly in the case of Aqua Sub-Engineering in TCA.Nos.761 to 764 and 82 of 2018 admitted on 20.3.2018 and are pending before this Court?” 2/5 https://www.mhc.tn.gov.in/judis TCA.Nos386 and 387 of 2019 3. When the matters were 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 these appeals are less than the threshold limit. 4. In the light of the aforesaid submissions made by the learned counsel for the appellant / Revenue, the present appeals, wherein, the tax effect is said to be less than the monetary limit imposed, are dismissed as withdrawn, keeping open the substantial question of law for determination in an appropriate case. No costs. [R.M.D,J.] [M.S.Q., J.] 22.08.2022 msr

Index : Yes / No 3/5 https://www.mhc.tn.gov.in/judis TCA.Nos386 and 387 of 2019 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. msr To 1. The Assistant Commissioner of Income Tax, Non-Corporate Circle-4, Coimbatore. 2. The Commissioner of Income Tax (Appeals)-3, Coimbatore. 3. The Income Tax Appellate Tribunal, Madras “B” Bench, Chennai, T.C.A.Nos. 386 and 387 of 2019 4/5 https://www.mhc.tn.gov.in/judis TCA.Nos386 and 387 of 2019 22.08.2022 5/5 https://www.mhc.tn.gov.in/judis