COMMISSIONER OF INCOME TAX, vs. M/S PENTAMEDIA GRAPHICS LTD.,

T.C.A.No.871 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.08.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.871 of 2015 Commissioner of Income Tax, 121, Nungambakkam High Road, Chennai 600 034. ... Appellant Versus M/s. Pentamedia Graphics Ltd., 1, First Main Road, United India Colony, Kodambakkam, Chennai 600 024. PAN: AAA CP 1647 B ... Respondent Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order dated 05.06.2012 passed by the Income Tax Appellate Tribunal, “B” Bench, Chennai, in I.T.A.No.1835/MDS/2010. For Appellant : Mr.M.Swaminathan, Senior Standing Counsel Mrs.V.Pushpa, Standing Counsel For Respondent : Mr.G.Baskar for Mr.R.Sidharth Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.871 of 2015

JUDGMENT (Judgment of the Court was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 05.06.2012 passed by the Income Tax Appellate Tribunal, “B” Bench, Chennai, in I.T.A.No.1835/Mds/2010, relating to the assessment year 2006-07. 2.By order dated 24.11.2015, this court admitted the aforesaid tax case appeal on the following substantial question of law: “Whether the Tribunal was right in treating the rent received by the assessee from its employee against the allotment of dwelling units as business income and not as income from other sources?" 3.When the matter was taken up for consideration, the learned counsel 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 Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.871 of 2015 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the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial question of law for determination in an appropriate case.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.) 30.08.2022

Internet : Yes

Index : Yes / No msr/av To 1. The Income Tax Appellate Tribunal, “B” Bench, Chennai. 2. The Commissioner of Income Tax, 121, Nungambakkam High Road, Chennai 600 034. 3. The Assistant Commissioner of Income-tax, Company Circle - V(2), Chennai. 4. The Commissioner of Income Tax (Appeals)-V, Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.871 of 2015 Chennai.

R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. av T.C.A.No.871 of 2015 30.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis