COMMISSIONER OF INCOME TAX 2 vs. M/S.THE K.H.EXPORTS INDIA PVT

T.C.A.Nos.987 & 988 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 25.08.2022 CORAM THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal Nos.987 and 988 of 2015 The Commissioner of Income Tax No.121, Nungambakkam High Road Chennai 600 034 .. Appellant in both T.C.As Vs. M/s.K.H.Exports India Pvt. Ltd. C/o.Akber Rifa & Co. Flat No.1A, Kernite Kip Apts. Door No.1, V-Block, 6th Main Road Anna Nagar, Chennai 600 040 PAN : AAACK 1394E .. Respondent in both T.C.As Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the common order dated 13.11.2014 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, in I.T.A.Nos.2155/Mds/2014 and 2156/Mds/2014. For Appellant : Mr.Karthik Ranganathan in both T.C.As Standing Counsel For Respondent : Mr.S.Sridhar in both T.C.As 1/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.987 & 988 of 2015 C O M M O N J U D G M E N T (Judgment was delivered by R. MAHADEVAN, J.) These tax case appeals have been filed by the appellant/Revenue, calling in question the correctness of the common order dated 13.11.2014 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, in respective I.T.A.Nos.2155/Mds/2014 and 2156/Mds/2014, for the assessment years 2001-02 and 2002-03. 2. By order dated 25.112015, this Court admitted the aforesaid tax case appeals on the following substantial question of law : “Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in not remitting the issue back to the file of the Assessing Officer to re-compute the quantum of deduction available to the assessee under Section 80HHC, which is against the amendment to the provisions of Section 80 HHC(3) of the Income Tax Act?” 3. When these matters were taken up for consideration, the learned Standing 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 2/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.987 & 988 of 2015 Taxes, 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.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in these appeals are less than the threshold limit. 4. In the light of the aforesaid submissions made by the learned Standing Counsel for the appellant/Revenue, the present appeals, wherein, the tax effect is said to be less than the monetary limit imposed, are dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs. [R.M.D,J.] [M.S.Q, J.] 25.08.2022

Index : Yes / No gya To 1.The Income Tax Officer Company Circle-II(4) Chennai 2.The Commissioner of Income Tax (Appeals)-III Chennai 3.The Income Tax Appellate Tribunal 'A' Bench, Chennai 3/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.987 & 988 of 2015 R. MAHADEVAN, J. AND MOHAMMED SHAFFIQ, J. gya T.C.A.Nos.987 and 988 of 2015 25.08.2022

4/4 https://www.mhc.tn.gov.in/judis