Dismissed

Commissioner of Income Tax v. Shri M.Rameshchand

Madras HC5 Sept 2019TCA/189/2010

Case brief

AI extract

What is this about?

In Tax Case Appeal No.189 of 2010, the High Court of Madras considered a Revision Appeal under Section 260-A of the Income Tax Act, 1961. The Department challenged an order of the Tribunal but withdrew the appeal because the tax effect was below the one-crore limit set by CBDT Circular No.17/2019.

What did the court decide?

The Tax Case Appeal was dismissed as not pressed due to the tax effect being less than Rs.1,00,000,000.

Commissioner of Income Tax Vs Shri M.Rameshchand — Income Tax | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :: 05.09.2019

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CORAM

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THE HON'BLE DR.JUSTICE VINEET KOTHARI

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AND

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THE HON'BLE MR.JUSTICE C.SARAVANAN

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Tax Case Appeal No.189 of 2010 Commissioner of Income Tax, Central II, Chennai. Appellant Vs. Shri M.Rameshchand Respondent

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Appeal under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Chennai 'C' Bench, dated 31.07.2009, made in IT(SS) A.No.213/Mds/2006 against the order of the Commissioner of Income Tax Appeals II Chennai dated 06.09.2006 in Appeal No CIT ACHE/23/04-05 in the assessment year Block Assessment for the period 97-98 to 2002-03 and part period of 2003-04.

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Against the order of the Assistant Commissioner of Income Tax Central Circle II(5) Chennai dated 28.02.2005 in the assessment year AY 97-98 to 2002-03 and part period of 2004-05 in PA No.GIR No.AAFPR8510B.

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For Appellant : Mr.T.R.Senthilkumar, Senior Standing Counsel, assisted by Mrs.K.G.Usharani For Respondent : Mr.A.S.Sivaraman, for Mr.S.Sridhar.

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This Tax Case Appeal has been filed by the Revenue, calling in question the correctness of the order passed by the Income

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https://hcservices.ecourts.gov.in/hcservices/

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Tax Appellate Tribunal, Chennai 'C' Bench, dated 31.07.2009, in IT(SS)A. No.213/Mds/2006, by raising the following substantial questions of law :

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" (1) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that out of the 18814 gms of gold jewellery found at the time of search, 16378 gms represented purchase from M/s.Laxmi Agency and only 2076 gms was unaccounted, without considering the facts elaborately discussed in the assessment order wherein it has been clearly shown that the assessee's claim of purchase of gold jewellery from M/s.Laxmi Jewellery was clearly an afterthought ?

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(2) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee's claim of purchase of gold jewellery from M/s.Laxmi Jewellery was genuine, solely based on the order of the Sales Tax Authorities, which in any case would not go to prove that the alleged sale to the assessee indeed had taken place ?

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When the matter is taken up for hearing, learned Standing Counsel for the Department brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.17/2019, dated 8^th August,2019, 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).

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In the instant case, the tax effect is said to be less than the monetary limit imposed and, therefore, the Appeal filed by the Revenue is dismissed, as not pressed, keeping open the substantial questions of law for determination in appropriate cases. No costs.

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Sd/Assistant Registrar(CS-IV)

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//True copy//

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Sub Assistant Registrar

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dixit

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Assistant Registrar, Income Tax Appellate Tribunal, Rajaji Bhavan Besant Nagar, Chennai 'C' Bench, Chennai.

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The Commissioner of Income Tax, Chennai.

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The Assistant Commissioner of Income Tax, Central Circle II 5, Chennai.

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+1cc to Mr.S.Sridhar, Advocate SR.No.76656
+1cc to Mr.T.R.Senthilkumar, Advocate SR.No.77079
TCA No.189 OF 2010
MG(CO)
GMY(16/10/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Commissioner of Income Tax v. Shri M.Rameshchand

Case brief

What is this about?

What did the court decide?

Commissioner of Income Tax v. Shri M.Rameshchand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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