COMMISSIONER OF INCOME TAX - vs. SHRI. D. AMIRTARAJ

T.C.A.No.720 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.12.2019 CORAM : THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN T.C.A.No.720 of 2019 Commissioner of Income Tax – I, 63, Race Course Road, Coimbatore 641 018.

... Appellant Vs D.Amirtaraj, 421-C, Sanganoor Main Road, Coimbatore 641 006. PAN: AMY PA 7227 A ... Respondent PRAYER : Appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras “B” Bench, dated 25.02.2014 passed in ITA.No.208/MDS/2013. For Appellant :Mr.T.R.Senthil Kumar Senior standing counsel For Respondent :Mr.A.S.Sriraman 1/6 http://www.judis.nic.in T.C.A.No.720 of 2019 J U D G M E N T (Judgment of the Court was delivered by N.KIRUBAKARAN, J) This Tax Case Appeal has been preferred by the Revenue against the order dated 25.02.2014 passed in ITA.No.208/MDS/2013 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2009-10. 2.The orders of the CIT(A)-I, Coimbatore, dated 02.11.2012 for the assessment year, 2009-10 was challenged before the Tribunal by the Assessee. The Appellate Tribunal accepted the contention of the Assessee and allowed the same. Against the order of the Appellate Tribunal only, the present appeal has been filed. 3.The appeal is admitted on the following substantial questions of law : (i)Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee was not carrying on a business or an adventure in the nature of trade, when the assessee purchased and sold certain lands with business motive? (ii)Whether on the facts and in the circumstances of the 2/6 http://www.judis.nic.in T.C.A.No.720 of 2019 case, the Appellate Tribunal was right in law in holding that the lands in question are agricultural lands without considering any evidence produced by the assessee before it? (iii)Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the co-owner of the property for the very same assessment year the transaction has not been held as business income, without verifying that the department has reopened co-owner's assessment, for the assessment year 2009-10 by issuing notice u/s.148 dated 29.04.2013 itself to assess the income as business income? 4.Mr.T.R.Senthilkumar, learned Senior Standing Counsel appearing on behalf of the appellant would submit that the tax effect in this case is less than Rs.1 crore and is covered by Circular No.17/2019 dated 08.08.2019 issued by the Director, Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, Delhi. As per the said circular, the monetary limit to file an appeal before the High Court is fixed at Rs.1 crore. In this case, tax effect is less than Rs.1 crore and therefore, the case has to be dismissed. 3/6 http://www.judis.nic.in T.C.A.No.720 of 2019 5.This Court perused the circular dated 08.08.2019 and Paragraph No.2 of the said Circular, which prescribes monetary limit for filing appeal is usefully extracted as follows: 2.As a step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S.No. Appeals / SLPs in Income- tax matters Monetary Limit (Rs.) 1. Before Appeallate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000 6.In view of the submissions made by the learned counsel appearing on behalf of the appellant and also in view of the Circular No.17/2019 dated 08.08.2019 issued by the Director, Central Board of Direct Taxes, Delhi, the Tax Case Appeal is dismissed on account of tax effect. However, the substantial questions of law framed is left open. In the event the tax effect is above the limit fixed in the said 4/6 http://www.judis.nic.in T.C.A.No.720 of 2019 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. (NKKJ) (PVJ) 05.12.2019 sai To 1.The Commissioner of Income Tax – I, 63, Race Course Road, Coimbatore 641 018. 2.Income Tax Appellate Tribunal 'B' Bench, Chennai. 5/6 http://www.judis.nic.in T.C.A.No.720 of 2019 N.KIRUBAKARAN, J. and P.VELMURUGAN

, J.

sai T.C.A.No.720 of 2019 Dated : 05.12.2019 6/6 http://www.judis.nic.in