The Hon'ble Mr.Justice HULUVADI G.RAMESH AND The Hon'ble Dr. Justice ANITA SUMANTH T.C.A. No.1035 of 2008 Commissioner of Income Tax-III, Coimbatore. .. Appellant Versus M/s.Suguna Poultry Farms Pvt. Ltd., 10B, Venkatakrishna Road, Udumalpet 641 126. .. Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the Order of the Income Tax Appellate Tribunal, Chennai 'D' Bench, dated 06.05.2005 in ITA. No.1325/Mds/2000.
For Appellant .. Mr.T.Ravikumar For Respondent .. Mr.Lakshmi Kumaran -----
JUDGMENT
The Tax Case Appeal filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, Chennai 'D' Bench, dated 06.05.2005 in ITA. No.1325/Mds/2000, has been admitted on 29.07.2008 for consideration of the following substantial question of law:
HULUVADI G.RAMESH, J AND Dr.ANITA SUMANTH,J vga “Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee was entitled to depreciation at 25% for the poultry shed in which the assessee's business of poultry farming was carried treating it as 'Plant' ?”
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 the appeal is, hence, dismissed as not pressed, preserving the substantial question of law for determination in an appropriate case. No costs.
(H.G.R.,J) (A.S.M.,J) 25.01.2017 1/2 vga T.C.A.No.1035 of 2008 http://www.judis.nic.in