COMMISSIONER OF INCOME TAX vs. SHRI.R.KRISHNAMOORTHY

T.C.A.No.571 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.571 of 2016 The Commissioner of Income Tax, No.63, Race Course Road, Coimbatore. ... Appellant

Versus Shri.R.Krishnamoorthy, C/o Shri.S.Sridhar, Advocate, 112/1, Periyar Street, Erode - 1. PAN:ADW PK 0624 M ... Respondent Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order dated 04.02.2015 passed by the Income Tax Appellate Tribunal, “D” Bench, Chennai, in I.T.A.No.1673/Mds/2014. For Appellant : Mr.M.Swaminathan, Senior Standing Counsel Mrs.V.Pushpa, Standing Counsel Page 1/5 https://www.mhc.tn.gov.in/judis T.C.A.No.571 of 2016 For Respondent : Mr.G.Guruprasath

JUDGMENT (Judgment of the Court was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 04.02.2015 passed by the Income Tax Appellate Tribunal, “D” Bench, Chennai, in I.T.A.No.1673/Mds/2014, relating to the assessment year 2009-10.

2.By order dated 29.08.2016, this court admitted the aforesaid tax case appeal on the following substantial questions of law: “(i) Whether on the facts and circumstances of the case, the Appellate Tribunal was right in cancelling the penalty levied under Section 271(1)(c) for concealing the particulars of income? (ii) Whether on the facts and circumstances of the case, the Appellate Tribunal was right in cancelling the penalty levied without considering Explanation 1 of Section 271(1)(c) of the Income Tax Act?" 3.When the matter was taken up for consideration, the learned counsel Page 2/5 https://www.mhc.tn.gov.in/judis T.C.A.No.571 of 2016 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the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial questions of law for determination in an appropriate case.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.) 01.09.2022

Internet : Yes

Index : Yes / No av Page 3/5 https://www.mhc.tn.gov.in/judis T.C.A.No.571 of 2016 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. av To 1. The Income Tax Appellate Tribunal, “D” Bench, Chennai. 2. The Commissioner of Income Tax, No.63, Race Course Road, Coimbatore. 3. The Income Tax Officer, Ward - 1 (1), Tirupur. 4. The Commissioner of Income Tax (Appeals)- II , Coimbatore. T.C.A.No.571 of 2016 Page 4/5 https://www.mhc.tn.gov.in/judis T.C.A.No.571 of 2016 01.09.2022 Page 5/5 https://www.mhc.tn.gov.in/judis