PRINCIPAL COMMISSIONER OF vs. M/S. SOUTH ASIA FM LTD

T.C.A.Nos.398 to 400 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.08.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.Nos.398 to 400 of 2018 Principal Commissioner of Income Tax 6, No.121,Nungambakkam High Road, Chennai 600 034. ... Appellant in all TCAs Versus M/s. South Asia FM Ltd., No.73, Murasolimaran Towers, MRC Nagar Main Road, MRC Nagar, Chennai - 600 034. PAN: AAJ CS 6348 B ... Respondent in all TCAs Appeals preferred under Section 260A of the Income Tax Act, 1961, against the order dated 20.04.2017 passed by the Income Tax Appellate Tribunal, “C” Bench, Chennai, in I.T.A.Nos.2811, 2812 and 2813/Mds/2016. For Appellant : Mr.J.Narayanaswamy Standing Counsel in all TCAs For Respondent : M/s.M.Sneha in all TCAs Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.398 to 400 of 2018

COMMON JUDGMENT (Judgment of the Court was delivered by R.MAHADEVAN, J.) These tax case appeals have been filed by the appellant / Revenue, challenging the common order dated 20.04.2017 passed by the Income Tax Appellate Tribunal, “C” Bench, Chennai, in I.T.A.Nos.2811, 2812 and 2813/Mds/2016, relating to the assessment years 2011-12, 2012-13 and 2013-14.

2.This court admitted the aforesaid tax case appeals on the following substantial question of law: “Whether on the facts and circumstances of the case and in law, Tribunal was correct and justified in deleting the addition under Section 14A holding that assessee did not earn any exempt income during the year when there is no provision for such exclusion in method of computing disallowance under Rule 8D?" 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 Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.398 to 400 of 2018 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 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the present appeals, wherein, the tax effect is said to be less than the monetary limit imposed, are dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs. (R.M.D., J.) (M.S.Q., J.) 23.08.2022

Internet : Yes

Index : Yes / No av To 1. The Income Tax Appellate Tribunal, “C” Bench, Chennai. 2. The Principal Commissioner of Income Tax 6, No.121,Nungambakkam High Road, Chennai 600 034. Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.398 to 400 of 2018 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. av