COMMISSIONER OF INCOME TAX vs. VIGNESH FLAT HOUSING PROMOTO

Common Judgment dt. 08.11.2019 in T.C.A Nos.786, 787, 788 and 789 of 2019 Commissioner of Income Tax, Trichy vs M/s Vignesh Flat Housing Promotors IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.11.2019 CORAM : THE HON'BLE Dr.VINEET KOTHARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal Nos.786, 787, 788 and 789 of 2019 and CMP Nos.22174, 22177 and 22183 of 2019 Commissioner of Income Tax, Trichy

... Appellant in all the appeals Vs. M/s Vignesh Flat Housing Promotors, No.100C Gandhi Road, Srirandam 620 006 ... Respondent in all the appeals Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 14.09.2011 made in ITA Nos.461/mds/2011; 459/mds/2011; 458/mds/2011 and 460/mds/2011 dated 14.09.2011. __________ Page 1 of 5 http://www.judis.nic.in Common Judgment dt. 08.11.2019 in T.C.A Nos.786, 787, 788 and 789 of 2019 Commissioner of Income Tax, Trichy vs M/s Vignesh Flat Housing Promotors For Appellant : Mr.M. Swaminathan Sr.Standing Counsel assisted by Ms.V. Pushpa For Respondent : Mr.Sriram for Ms. Sudha (Judgment of the Court was delivered by the Hon'ble Acting Chief Justice) These Tax Case Appeals have been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai, by raising the following substantial questions of law: "1.Whether on the facts and in the circumstances of the case the Tribunal was right in holding that assessee need not own the land and then develop cum build the housing project of the purpose of claiming deduction under section 801B(10). 2. Whether on the facts and in the circumstances of the case the tribunal was right in holding that assessee is entitled for deduction under __________ Page 2 of 5 http://www.judis.nic.in Common Judgment dt. 08.11.2019 in T.C.A Nos.786, 787, 788 and 789 of 2019 Commissioner of Income Tax, Trichy vs M/s Vignesh Flat Housing Promotors section 80HHC event though where the assessee had taken over the construction from the another promoter when there is no provision under the section for passing on the benefit of deduction u/s 801B(10). 3. Whether on the facts and in the circumstances of the case the tribunal was right in deleting the addition made by the assessingn officer with respect to unaccounted cash payment for Vignesh Plaza Project?” 2. When the matter is taken up for hearing, the learned Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 08.08.2019 wherein it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1 Crore. 3. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the appeals filed by the __________ Page 3 of 5 http://www.judis.nic.in Common Judgment dt. 08.11.2019 in T.C.A Nos.786, 787, 788 and 789 of 2019 Commissioner of Income Tax, Trichy vs M/s Vignesh Flat Housing Promotors The Hon'ble Acting Chief Justice and C.Saravanan, J. sr Revenue are dismissed as not pressed, keeping open the substantial questions of law for determination in an appropriate case. No costs. Consequently, connected miscellaneous petitions are closed. (V.K., ACJ.) (C.S.N., J.) 08.11.2019 Speaking Order/Non-Speaking Order Index:yes/no sr To: 1. The Registrar, Income Tax Appellate Tribunal, Madras "C" Bench, Chennai. 2. Commissioner of Income Tax, Trichy __________ Page 4 of 5 http://www.judis.nic.in Common Judgment dt. 08.11.2019 in T.C.A Nos.786, 787, 788 and 789 of 2019 Commissioner of Income Tax, Trichy vs M/s Vignesh Flat Housing Promotors T.C.A. Nos.786, 787, 788 and 789 of 2019 __________ Page 5 of 5 http://www.judis.nic.in