PRINCIPAL COMMISSIONER OF vs. SMT. D. RAJESHWARI

TCA.No.667 of 2017 In the High Court of Judicature at Madras Dated : 06.7.2020 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.667 of 2017 Principal Commissioner of Income Tax-2, Coimbatore ...Appellant Vs Smt.D.Rajeshwari ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 04.4.2017 made in ITA.No.801/Mds/2016 on the file of the Income Tax Appellate Tribunal, Chennai 'C' Bench for the assessment year 2010-11. For Appellant: Mr.T.R.Senthilkumar, SSC & Ms.K.G.Usharani, SC For Respondent: Mr.N.Vijayaraghavan for M/s.Subbaraya Aiyer Padmanabhan Judgment was delivered by

T.S.Sivagnanam,J

We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel and Ms.K.G.Usharani, learned Standing Counsel appearing for the appellant – Revenue and Mr.N.Vijayaraghavan, learned counsel appearing on behalf of 1/4 http://www.judis.nic.in TCA.No.667 of 2017 M/s.Subbaraya Aiyer Padmanabhan, learned counsel on record for the respondent. 2. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short, the Act) is directed against the order dated 04.4.2017 made in ITA.No.801/Mds/2016 on the file of the Income Tax Appellate Tribunal, Chennai 'C' Bench (for brevity, the Tribunal) for the assessment year 2010-11. 3. The appeal has been admitted on 13.12.2017 on the following substantial questions of law : “i. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in granting exemption to the assessee under Section 54 of the Income Tax Act ? and ii. Whether the Income Tax Appellate Tribunal was right in interpreting the provisions of Sub- Section (4) of Section 54F of the Income Tax Act and granting exemption to the assessee under Section 54F of the Income Tax Act on the belated return of income filed under Section 139(4) on 31.3.2012 ?” 4. The learned Senior Standing Counsel for the appellant submits that the above appeal is not pursued by the Revenue on account of the low tax 2/4 http://www.judis.nic.in TCA.No.667 of 2017 effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. By the said Circular, the monetary limit for filing or pursuing an appeal before the High Court has been increased to Rs.1 Crore. It is further submitted that the tax effect in this case is less than the threshold limit. 5. In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. The substantial questions of law framed are left open. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits. No costs. 06.7.2020 To The Income Tax Appellate Tribunal, Chennai 'C' Bench. RS 3/4 http://www.judis.nic.in TCA.No.667 of 2017 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.667 of 2017 06.7.2020 4/4 http://www.judis.nic.in