Dismissed

The Commissioner of Income Tax v. M/S M.P.Narayanan

Madras HC4 Dec 2018TC/1347/2007

Case brief

AI extract

What is this about?

The High Court, Madras dismissed the Revenue's appeal filed under Section 260A as not pressed, as the tax effect was below the Rs.50 lakhs limit under CBDT Circular No.3/2018, while keeping the legal question open.

What did the court decide?

The appeal filed by the Revenue is dismissed as not pressed, keeping the substantial question of law open for determination in an appropriate case.

The Commissioner of Income Tax Vs M/S M.P.Narayanan — Income Tax | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:04.12.2018

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CORAM

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THE HON'BLE DR.JUSTICE VINEET KOTHARI AND

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THE HON'BLE DR.JUSTICE ANITA SUMANTH

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Tax Case Appeal No.1347 of 2007

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The Commissioner of Income Tax

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Tamil Nadu - VII, Madras.

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.... Appellant

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Vs. .... Respondent

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105, Harris Road, Chennai - 600 002.

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Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai, dated 02.03.2007 made in ITA No.2161/Mds/2004 for the Assessment Year 1997-98.

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For Appellant : Mr.Karthik Ranganathan Standing Counsel For Respondent : Mr.R.Vijayaraghavan

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for M/s.Subbaraya Aiyar Padmanabhan

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J U D G M E N T (Delivered by DR.VINEET KOTHARI,J)

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This Tax Case Appeal has been filed by the Revenue calling in question

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the correctness of the order passed by the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai, dated 02.03.2007 made in ITA

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http://www.judis.nic.in

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No.2161/Mds/2004 for the Assessment Year 1997-98 by raising the following substantial question of law:

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"Whether on the facts and in the circumstances of the

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case, the Income Tax Appellate Tribunal was right in law in set aside the orders of the lower authorities regarding the

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levy of penalty under section 271(1)(c) of the Income Tax

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Act, 1961?"

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When the matter is taken up for admission, the learned Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.3/2018 dated 11.7.2018 wherein it is stipulated that appeals shall not be filed/pursued by the Department before

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the High Court in cases where the tax effect does not exceed Rs.50 lakhs.

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In the instant case, the tax effect is said to be less than the

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monetary limit imposed and therefore, the appeal filed by the Revenue is dismissed as not pressed, keeping open the substantial question of law for

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determination in an appropriate case.

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Index : Yes/No Internet : Yes/No speaking order/ non-speaking order

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http://www.judis.nic.in

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The Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai

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http://www.judis.nic.in

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DR.VINEET KOTHARI, J. and DR.ANITA SUMANTH, J.

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TCA No.1347 of 2007
04.12.2018.

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http://www.judis.nic.in

The Commissioner of Income Tax v. M/S M.P.Narayanan

Case brief

What is this about?

What did the court decide?

The Commissioner of Income Tax v. M/S M.P.Narayanan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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