THE COMMISSIONER OF INCOME T vs. SHRI M.SEENIVASAN

Judgt. dt.1.11.19 in T.C.A.906 & 907/19 CIT v. M.Seenivasan 1/4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 1.11.2019 CORAM THE HONOURABLE ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case (Appeal) Nos.906 & 907 of 2019 Commissioner of Income Tax Salem. Appellant Vs. Shri.M.Seenivasan PAN: ayups1767J Respondent Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'A' Bench, Chennai, dated 13.6.2014 made in M.P.Nos.68 & 69/Mds/2014 in ITA Nos.701 & 702/Mds/2013. For Appellant : Ms.Premalatha Junior Standing Counsel For Respondent : Mr.T.Vasudevan COMMON JUDGMENT (Delivered by Dr.VINEET KOTHARI, ACJ) 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, 'A' Bench, Chennai, dated 13.6.2014 made in M.P.Nos.68 & 69/Mds/2014 in ITA Nos.701 & 702/Mds/2013, for the Assessment Year 2008-2009 and 2009-2010, by raising the following http://www.judis.nic.in Judgt. dt.1.11.19 in T.C.A.906 & 907/19 CIT v. M.Seenivasan 2/4 substantial questions of law: "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in dismissing the miscellaneous petition filed by the assessee since it had not considered the ground raised by the revenue with respect to the applicability of Section 45(2) w.r.s. 48 and 50? ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the value of the land sold by the assessee is to be adopted at Rs.150 per sq.ft as estimated by the CIT(A) when the guideline value of the land as per the sub-registrar record was Rs.175 per sq.ft and when the assessee had not discharged its burden of proof to prove that the value of the land was sold at the rate lesser than the value recorded by the sub-registrar?" 2. When the matters are taken up for admission, learned Senior Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, wherein, it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where http://www.judis.nic.in Judgt. dt.1.11.19 in T.C.A.906 & 907/19 CIT v. M.Seenivasan 3/4 the tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In the instant cases, the tax effect is said to be less than the monetary limit imposed and therefore, the Appeals filed by the Revenue are dismissed, as withdrawn, keeping open the substantial questions of law for determination in appropriate cases. No costs. (V.K.,ACJ.)(C.S.N.,J) 1.11.2019 Index : Yes/No Internet : Yes/No ssk. To 1. Commissioner of Income Tax Salem. 2. Income Tax Appellate Tribunal, 'A' Bench, Chennai. 3. The Income Tax Officer, Ward I(4), Salem. http://www.judis.nic.in Judgt. dt.1.11.19 in T.C.A.906 & 907/19 CIT v. M.Seenivasan 4/4 DR.VINEET KOTHARI, ACJ. and C.SARAVANAN, J. ssk. T.C.(A) Nos.906 & 907 of 2019 1.11.2019. http://www.judis.nic.in