Commissioner Of Income Tax v. M/S. Raja Agencies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 24.03.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.NO.428 OF 2017 The Commissioner of Income Tax, Circle, Madurai.

... Appellant Vs.

M/s.Raja Agencies, No.1, Bye pass Road, Madathur, Tuticorin.

... Respondent Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras, "A" Bench, dated 01.08.2016 in I.TA.No.215/Mds/2016 Assessment Year 2012-13.

Appeal against the order of the Commissioner of Income Tax (Appeals)-1, Madurai dated 18.11.2015 and made in ITA.No.0096/2015-16 for the Assessment year 2012-2013 as against the order of the Income Tax Officer, Ward I, Tuticorin dated 31.03.2012 and made in PAN.No.AABFR9434Q for the Assessment year 2012-2013.

For Appellant :

Ms.V.Pushpa, Standing Counsel For Respondent :

No appearance

JUDGMENT

(Judgment was delivered by M.DURAISWAMY, J.) We have heard Ms.V.Pushpa, learned Standing Counsel for the appellant/Revenue.

2.The appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short, the Act) is directed against the order dated 01.08.2016 made in I.TA.No.215/Mds/2016 on the file of the Income Tax Appellate Tribunal, Chennai, "A" Bench (for brevity, the Tribunal) for the Assessment Year 2012-13. https://hcservices.ecourts.gov.in/hcservices/

3.The appeal was admitted on 11.07.2017 on the following substantial question of law:

"Whether the container freight station constitutes an "Inland Port" and entitled to deduction under Section 80IA(4) of the Income Tax Act, 1961?"

4.The learned 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 08.08.2019 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 these cases are less than the threshold limit.

5.In the light of the said submissions, the above Tax Case Appeal is dismissed as withdrawn on account of the Low Tax Effect. The substantial question of law framed is left open. In the event the tax effect in this case 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 va To 1.

The Income Tax Appellate Tribunal, Chennai, "A" Bench 2.

The Commissioner of Income Tax Appeals-1, Madurai.

3.

The Income Tax Officer, Ward I, Tuticorin.

4.

The Commissioner of Income Tax Circle, Madurai.

T.C.A.No.428 of 2017 KV(CO) CS/21/04/2021 https://hcservices.ecourts.gov.in/hcservices/