COMMISSIONER OF INCOME TAX vs. SHRI MAMEM PHILIP

TCA.No.482/2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.03.2020 CORAM THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN AND THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE Tax Case Appeal No.482/2019 The Commissioner of Income Tax Chennai. Appellant Vs. Shri Mamem Philip Flat No.4-A/5-B ''Chandika'' D.P.Towers, 8, College Lane Chennai 600 008. Respondent Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras ''B'' Bench, dated 28.05.2013 passed in ITA.No.2174/mds/2012. For Appellant : Mr.T,Ravikumar, Standing Counsel For Respondent : Mr.George Cheriyan http://www.judis.nic.in TCA.No.482/2019 J U D G M E N T (Judgment of the Court was delivered by M.SATHYANARAYANAN,J) This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, ''B'' Bench, Chennai, by raising the following substantial questions of law: "(i) Whether on the facts and in the circumstances of the case, the Tribunal was right in treating the two flats as a residential house for the purpose of Section 54 and thereby allowing exemption for capital gains? (ii]Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that Section 27 has no application in the facts of the case when the said issue was never the subject matter of appeal and when assessee had acquired the property by settlement from mother for inadequate consideration?" 2. When the matter is taken up for hearing, the learned Standing Counsel appearing for the appellant/Revenue brought to our notice, the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.3/2018 dated 11.7.2018 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.50 lakhs. http://www.judis.nic.in TCA.No.482/2019 3. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the Tax Case Appeal filed by the Revenue is dismissed as not pressed, keeping open the substantial questions of law for determination in an appropriate case. No costs. (M.S.N., J.) (A.Q., J.) 16.03.2020 Internet : Yes AP To The Commissioner of Income Tax Chennai. http://www.judis.nic.in TCA.No.482/2019 M.SATHYANARAYANAN, J. and ABDUL QUDDHOSE

, J.

AP T.C.A.No.482/2019 16.03.2020 http://www.judis.nic.in