(Delivered by the Acting Chief Justice) The Tax Case Appeal filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai, dated 16.11.2007 in IT(SS)A No.108/MDS/2006, has been admitted on 30.4.2008 for consideration of the following substantial question of law:
"Whether in the facts and circumstances of the case, the Tribunal was right in holding that surcharge is not applicable to block period 1991-92 to 2000-01 and 2001-02 (pas), where the search took place prior to the introduction of proviso to Section 113 of the Income Tax Act?
2. Circular instruction issued by the Central Board of Direct Taxes No.21/2015, dated 10.12.2015 stipulates that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.20 lakhs. In the instant case, the tax effect is less than the monetary limit imposed and therefore, the learned Standing Counsel for the appellant seeks to withdraw this appeal. Hence, this appeal is dismissed as withdrawn. No costs.
Index : Yes/No (H.G.R., ACJ) (A.S.M.,J.) Internet : Yes/No 20.02.2017 kpl THE HON'BLE ACTING CHIEF JUSTICE and
ANITA SUMANTH,J.
kpl T.C.A.No.351 of 2008.
20.02.2017.
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