THE COMMISSIONER OF INCOME T vs. SHRI.A.V.CHANDRAMOHAN

T.C.A.No.516 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.08.2022 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.516 of 2019 The Commissioner of Income Tax, Chennai. ... Appellant Versus Shri A.V.Chandramohan, No.43/48, Pudupt Street, Alandur, Chennai - 600 016. ... Respondent (PAN No.AAJPC4063E) Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras “A” Bench, Chennai, dated 15.07.2016 in I.TA.No.811/Mds/2016. For Appellant : Mr.T.Ravi Kumar Senior Standing Counsel For Respondent : No appearance Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.516 of 2019 J U D G M E N T (Judgment was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 15.07.2016 passed by the Income Tax Appellate Tribunal, Madras 'A' Bench in I.T.A.No.811/Mds/2016, relating to the assessment year 2009-10. 2. By order dated 26.07.2019, this court admitted the aforesaid tax case appeal on the following substantial questions of law: "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to claim deduction under Section 54F with respect to all the 9 flats ignoring the language used in the Section being 'is a' residential house, which would mean only one house? and (ii) Is not the finding of the Tribunal bad by holding that for all the 9 flats, deduction under Section 54F was available when the assessee did not satisfy the conditions stipulated thereunder since he has taken possession of the constructed house after a period of three years from the date of transfer of original assets? " Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.516 of 2019 3. When the matter was 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 this appeal 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 appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial questions of law for determination in an appropriate case. No costs. (R.M.D., J.) (M.S.Q., J.) 26.08.2022 r n s

Internet : Yes.

Index : Yes / No. Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.516 of 2019 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. r n s To 1. The Income Tax Appellate Tribunal Madras 'A' Bench, Chennai. 2. The Commissioner of Income Tax, (Appeals)-4, Chennai. 3. The Income Tax Officer, Salary Ward IV (2), Chennai. T.C.A.No.516 of 2019 26.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis