COMMISSIONER OF INCOME TAX vs. SHRI. V. MOHENE

T.C.A.No.550 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 25.08.2022 CORAM THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal No.550 of 2016 The Commissioner of Income Tax Puducherry

.. Appellant Vs. V.Mohene No.50A, Eswaran Koil Street Puducherry 605 003 .. Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order dated 28.08.2015 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A.No.1788/Mds/2014. For Appellant : Mr.J.Narayanaswamy

Standing Counsel For Respondent : Mr.Akhil Akbarali 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.550 of 2016 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, calling in question the correctness of the order dated 28.08.2015 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A.No.1788/Mds/2014, relating to the assessment year 2008-09, by raising the following substantial questions of law : “1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessing officer had estimated the undisclosed real estate income of the assessee and concluding that the assessing officer had no jurisdiction for estimating the income of the assessee when the assessing officer had only followed income method to arrive at the undisclosed real estate income as the assessee had not maintained the books of accounts? 2. Whether on the facts and in the circumstances of the case the Tribunal was right in not considering the evidences in the form of sale deeds collected from the 23 purchasers coupled with the deposition of the purchasers and the assessee himself u/s 131 as well as the admission of the assessee, which clearly indicated that the assessee had undisclosed income from real estate?” 2. When the matter was taken up for consideration, the learned Standing Counsel for the appellant/Revenue brought to the notice of this court the 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.550 of 2016 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. 3. In the light of the aforesaid submissions made by the learned Standing 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.] 25.08.2022 Internet : Yes gya To 1.The Income Tax Officer Ward-I(1), Pondicherry 2.The Commissioner of Income Tax (Appeals)-VI Chennai 3.The Income Tax Appellate Tribunal 'B' Bench, Chennai 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.550 of 2016 R. MAHADEVAN, J. AND MOHAMMED SHAFFIQ, J. gya Tax Case Appeal No.550 of 2016 25.08.2022

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