COMMISSIONER OF INCOME TAX C vs. V.R. VENKATACHALAM

T.C.A.Nos.441,450,452,458,461&462 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.08.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.Nos.441, 450, 452, 458, 461 & 462 of 2019 The Commissioner of Income Tax Central-I, No.108, Mahatma Gandhi Road, Chennai. ... Appellant in all TCAs Versus Shri V.R.Venkatachalam, No.25, Sir C.V.Raman Road, Alwarpet, Chennai - 600 018.

... Respondent in all TCAs (PAN No.AAD PV 3203 H) Appeals preferred under Section 260A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal, Madras “A” Bench, dated 17.07.2015 in I.T.A.Nos.2634/Mds/2014, 2638/Mds/2014, 2635/Mds/2014, 2636/Mds/2014, 2637/Mds/2014 and 2639/Mds/2014. For Appellant in all TCAs' : Mr.J.Narayanaswamy Senior Standing Counsel For Respondent in all TCAs' : Mr.R.Sivaraman Page 1/5 https://www.mhc.tn.gov.in/judis T.C.A.Nos.441,450,452,458,461&462 of 2019 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 17.07.2015 passed by the Income Tax Appellate Tribunal, Madras 'A' Bench in I.T.A.Nos.2634/Mds/2014, 2638/Mds/2014, 2635/Mds/2014, 2636/Mds/2014, 2637/Mds/2014 and 2639/Mds/2014, relating to the assessment years 2006-07, 2010-11, 2007-08, 2008-09, 2009-10 and 2011-12 respectively. 2. By order dated 12.07.2019, this court admitted the aforesaid tax case appeals on the following substantial questions of law: “(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in cancelling the revision order under Section 263 of the Income Tax Act? (ii) Whether the Appellate Tribunal is correct in holding that in case of assessments under Section 153A, the power of the Commissioner of Income Tax under Section 263 is limited to incriminating material seized during the course of search only and cannot extend to other material that came on record in consequence to search? and (iii) Whether the Appellate Tribunal is correct in law in Page 2/5 https://www.mhc.tn.gov.in/judis T.C.A.Nos.441,450,452,458,461&462 of 2019 holding that the Assessing Officer has formed an opinion based on material submitted by the assessee, verification of material and enquiries carried out by him and therefore, did not make addition whereas there is no such finding in the assessment order?” 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 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 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 questions of law for determination in appropriate cases. No costs. (R.M.D., J.) (M.S.Q., J.) 24.08.2022

Internet : Yes

Index : Yes / No r n s To Page 3/5 https://www.mhc.tn.gov.in/judis T.C.A.Nos.441,450,452,458,461&462 of 2019 1.The Income Tax Appellate Tribunal, 'A' Bench, Chennai. 2.The Commissioner of Income Tax, Central-1, Chennai. 3. The Assistant Commissioner of Income Tax, Central Circle-I (1), Chennai. Page 4/5 https://www.mhc.tn.gov.in/judis T.C.A.Nos.441,450,452,458,461&462 of 2019 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. r n s T.C.A.Nos.441, 450, 452, 458, 461 & 462 of 2019 24.08.2022 Page 5/5 https://www.mhc.tn.gov.in/judis