COMMISSIONER OF INCOME TAX vs. MYSORE LEATHERS P. LTD

T.C.A. No. 7 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.01.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal No. 7 of 2022 Commissioner of Income Tax Chennai. .. Appellant Versus Mysore Leathers P.Ltd 1 Kumarappa Street Periamet Chennai – 600 003 .. Respondent Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Chennai, “C” Bench, dated 26.06.2002 in I.TA.No.3254/Mds/92. For Appellant : Mr.M.Swaminathan Senior Standing Counsel Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A. No. 7 of 2022 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 26.06.2002 passed by the Income Tax Appellate Tribunal, Bench 'C', Chennai, in I.T.A.No.3254/Mds/92, relating to the assessment year 1988-89, by raising the following substantial questions of law:- “1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in upholding the order of the CIT (A), which had been passed on the basis of fresh evidence filed for the first time before him, without giving an opportunity to the assessing officer? 2. Whether in the facts and circumstances of the case, the Appellate Tribunal was right in not remandig the matter to the assessing officer, when the provisions of Sec.40A(2) specifies that the opinion of the Assessing Officer is necessary for gauging if an expenditure is excessive or unreasonable?" 3.When the matter was taken up for consideration, the learned counsel Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A. No. 7 of 2022 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the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial question of law for determination in an appropriate case. No costs. (R.M.D., J.) (M.S.Q., J.) 11.01.2022 dhk

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Index : Yes / No R. MAHADEVAN, J. and Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A. No. 7 of 2022 MOHAMMED SHAFFIQ, J. dhk To 1. The Commissioner of Income Tax Chennai. 2.The Income Tax Appellate Tribunal, Chennai, “C” Bench. 3. The Deputy Commissioner of Income Tax Special Range -X, Madras – 600 034 4. The Commissioner of Incometax (Appeals) IX Chennai – 600 034 T.C.A.No.7 of 2022 11.01.2022 Page 4/4 https://www.mhc.tn.gov.in/judis