Commissioner Of Income Tax v. Shri G.Mohan
In the High Court of Judicature at Madras Dated : 18.06.2020 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal No.471 of 2014 Commissioner of Income Tax, Central Circle, Coimbatore.
...Appellant -vsShri G.Mohan, 35, Thirumalai Nagar, South 1st Street, P.N.Road, Tirupur-641 602.
PAN: AJCPM3554G
...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 19.11.2013 made in I.T.A.No.1321/Mds/2012 on the file of the Income Tax Appellate Tribunal 'B' Bench, Chennai for the assessment year 2008-09 against the order of the Commissioner of Income Tax (Appeals) II Coimbatore, dated 24.02.2012 I.T.Appeal No.565C/09-10 for the assessment year 2008-09 and against the order of the Assistant Commissioner of Income Tax, Central Circle-I, Coimbatore, dated 31/12/2019 PAN/GIR No.AJCPM3554G for the Assessment year, 2008-2009. For Appellant :
Mr.T.R.Senthil Kumar, Senior Standing Counsel & Ms.K.G.Usha Rani, Standing Counsel For Respondent:
Mr.N.Devanathan & Mr.Suganthiraj Judgment was delivered by T.S.Sivagnanam,J.
We have heard Mr.T.R.Senthil Kumar, learned Senior Standing Counsel and Ms.K.G.Usha Rani, learned Standing Counsel for the appellant-Revenue and Mr.N.Devanathan, learned counsel and Mr.Suganthiraj, learned counsel for the respondent-assessee.
2. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 19.11.2013 made in I.T.A.No.1321/Mds/2012 on the file of the Income Tax Appellate Tribunal 'B' Bench, Chennai for the assessment year 2008-09.
3. The appeal was admitted on 16.09.2014 on the following substantial questions of law:
"1. Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in deleting the addition of Rs.21,70,750/- when the assessee has not proved the credits of Rs.21,70,750/- alleged to have been taken from 18 persons towards land advance for purchase?
2. Whether on the facts and circumstances of the case, the Tribunal was right in deleting the addition of Rs.21,70,750/- when the assessee has not produced any evidence either before the Commissioner of Income Tax (Appeals) or before the Income Tax Appellate Tribunal."
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.
5. In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. The substantial questions of law framed are 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.
Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar abr
Abr To 1.The Income Tax Appellate Tribunal B Bench, Chennai.
2. The Commissioner of Income Tax (Appeals) II, Coimbatore.
3. The Assistant Commissioner of Income Tax, Central Circle-I, Coimbatore.
4. The Commissioner of Income Tax, Central Circle I, Coimbatore.
TCA.No.471 of 2014 AD(CO) GMY(23/09/2020)