THE COMMISSIONER OF INCOME vs. M/S S&S FOUNDATIONS

TCA.Nos.71 to 76 of 2015 In the High Court of Judicature at Madras Dated : 27.08.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.71 to 76 of 2015 The Commissioner of Income Tax, Chennai. ...Appellant Vs M/s.S&S Foundations P. Ltd., Old No.19, New No.45 Giriappa Road, T.Nagar, Chennai - 600 017. ...Respondent APPEALS under Section 260A of the Income Tax Act, 1961 against the common order dated 23.04.2010 made in ITA.Nos.1761 to 1766/Mds/2009 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment years 2000-01 to 2005-06. For Appellant : Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent : Mr.A.S.Sriraman

for Mr.S.Sridhar COMMON JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J) We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel assisted by Ms.K.G.Usharani, learned Standing Counsel appearing for the 1/4 http://www.judis.nic.in TCA.Nos.71 to 76 of 2015 appellant – Revenue and Mr.A.S.Sriraman, learned counsel for Mr.S.Sridhar, learned counsel appearing for the respondent - assessee. 2.These appeals, filed by the Revenue under Section 260A of the Income Tax Act, 1961, are directed against the common order dated 23.04.2010 made in ITA.Nos.1761 to 1766/Mds/2009 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment years 2000-01 to 2005-06. 3.The appeals were admitted on 15.04.2015 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 deleting the penalty proceeding levied under Section 271(1)(c) of the Income Tax Act? and ii.Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that no penalty proceedings were to be initiated in spite of the fact that K.Sundar Raj, the Director had admitted undisclosed income at the time of search?" 4.The learned Senior Standing Counsel for the appellant submits that the above appeals are not pursued by the Revenue on account of the low tax 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 2/4 http://www.judis.nic.in TCA.Nos.71 to 76 of 2015 pursuing an appeal before the High Court has been increased to Rs.1 Crore. It is further submitted that the tax effect in the respective cases is less than the threshold limit. 5. In the light of the said submissions, the above tax case appeals are dismissed on account of the low tax effect. The substantial questions of law framed are left open. In the event the tax effect in the respective cases 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 appeals to be heard and decided on merits. No costs. (T.S.S.J.) (V.B.S.J.) 27.08.2019 cse Speaking (or) Non Speaking Order Index : Yes (or) No To 1.M/s.S&S Foundations P. Ltd., Old No.19, New No.45 Giriappa Road, T.Nagar, Chennai - 600 017. 2.The Income Tax Appellate Tribunal, Chennai 'B' Bench. 3/4 http://www.judis.nic.in TCA.Nos.71 to 76 of 2015 T.S.SIVAGNANAM,J. AND V.BHAVANI SUBBAROYAN,J. cse TCA.Nos.71 to 76 of 2015 27.08.2019 4/4 http://www.judis.nic.in