PRINCIPAL COMMISSIONER OF vs. M/S SRINIVASA FASHIONS PVT

T.C.A.No.531, 532 & 533 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 03.08.2022 CORAM THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal Nos.531, 532 AND 533 of 2018 The Principal Commissioner of Wealth Tax Central 2 No.108, Mahatma Gandhi Road Chennai

.. Appellant in all T.C.As Vs. V.Dhivaharan No.32/1, Mannai Nagar Mannargudi 614 001 PAN : AADPD 1568 P .. Respondent in all T.C.As Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the common order dated 06.02.2019 passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai, in respective W.T.A.Nos.45, 46 and 47/Chny/2018. For Appellant : Mr.Karthik Ranganathan in all T.C.As Standing Counsel For Respondent : Mr.Vasudevan in all T.C.As (undertook to file vakalat) 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.531, 532 & 533 of 2018 C O M M O N J U D G M E N T (Judgment was delivered by R. MAHADEVAN, J.) These tax case appeals have been filed by the appellant/Revenue, calling in question the correctness of the common order dated 06.02.2019 passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai, in respective W.T.A.Nos.45, 46 and 47/Chny/2018 for the assessment years 2000-01, 2002-03 and 2003-04. 2. By order dated 01.08.2019, this Court admitted the aforesaid tax case appeals on the following substantial question of law : “(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in upholding the deletion made by the order of the Commissioner of Income Tax (Appeals) wherein reliance has been placed on the earlier order passed by the Tribunal dated 28.04.2017 without going into the merits of the issues involved ? and (ii) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in quashing the wealth tax assessments passed under Section 16(3) of the Wealth Tax Act, 1957 based on its earlier order, which is the subject matter of T.C.A.Nos.254, 255 and 278 of 2019, which are pending before this Court ?” 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.531, 532 & 533 of 2018 3. When these 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 questions of law for determination in appropriate cases. No costs. [R.M.D,J.] [M.S.Q, J.] 03.08.2022

Index : Yes / No gya 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.531, 532 & 533 of 2018 R. MAHADEVAN, J. AND MOHAMMED SHAFFIQ, J. gya To 1.The Principal Commissioner of Wealth Tax Central 2 No.108, Mahatma Gandhi Road Chennai 2.The Income Tax Appellate Tribunal 'C' Bench, Chennai 3.The Commissioner of Income Tax (Appeals)-18 Chennai T.C.A.Nos.531, 532 & 533 of 2018 4.The Assistant Commissioner of Wealth Tax Central Circle-2(4) 46, Nungambakkam High Road Chennai-34

03.08.2022

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