COMMISSIONER OF INCOME TAX vs. DR.HAKEEM S.A.SYED SATHAR

TCA.No.757 of 2018 In the High Court of Judicature at Madras Dated : 28.08.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.757 of 2018 Commissioner of Income Tax, Central Circle II(5), Chennai. ...Appellant Vs Dr.Hakeem S.A.Syed Sathar PAN: AMBPS3518G ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 16.03.2018 made in IT(SS).No.94/MDS/2006 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the block period 1997-98 to 2002-2003 (upto 21.01.2003). For Appellant : Mr.M.Swaminathan, SSC and Ms.V.Pushpa, SC For Respondent : Mr.A.S.Sriraman for Mr.S.Sridhar JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J.) We have heard Mr.M.Swaminathan, learned Senior Standing Counsel, and Ms.V.Pushpa, learned Standing Counsel appearing for the appellant/revenue and Mr.A.S.Sriraman, learned counsel for Mr.S.Sridhar, learned counsel appearing for the respondent/assessee. 1/4 http://www.judis.nic.in TCA.No.757 of 2018 2.This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order 16.03.2018 made in IT(SS).No.94/MDS/2006 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the block period 1997-98 to 2002-2003 (upto 21.01.2003). 3.This appeal has been filed by raising the following substantial question of law : “Whether the Tribunal was right in deleting the addition made on account of suppressed receipts of Rs.2,59,57,634/- in the absence of evidences let in by the assessee to substantiate its claim more particularly when the Hon'ble High Court has remitted the matter to ITAT for reconsideration?" 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 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. 2/4 http://www.judis.nic.in TCA.No.757 of 2018 5.In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. The substantial question of law framed is 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. (T.S.S.J.) (V.B.S.J.) 28.08.2019 cse Speaking (or) Non Speaking Order Index : Yes (or) No To The Income Tax Appellate Tribunal, Chennai 'A' Bench. 3/4 http://www.judis.nic.in TCA.No.757 of 2018 T.S.SIVAGNANAM,J. AND V.BHAVANI SUBBAROYAN,J. cse TCA.No.757 of 2018 28.08.2019 4/4 http://www.judis.nic.in