IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.12.2018 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case No.2024 of 2008 Commissioner of Income Tax Chennai. ..Appellant Vs. M/s.Sirlus Shipping Company Ltd., 2 AB Gee Gee Emerald, 151, Village Road, Nungambakkam, Chennai 600 034. ..Respondent Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 30.5.2008 made in ITA No.2322/Mds/07 against the order of the Commissioner of Income Tax (Appeals)-V, Chennai, dated 18/6/2007 in ITA No. 87/2006-07 for the assessment year 2002-2003, against the order of the Assistant Commissioner of Income Tax, Company Circle VI(3), Chennai-34 dated 28/03/2006 in PAN/GIR No.Si-27/AABCS0621H for the assessment year 2002 -03. ----- For Appellant : Mr.T.R.Senthilkumar, Senior Standing Counsel For respondent : Mr.R.Venkataraman for M/s.Subbaraya Aiyar Padmanabhan ----- J U D G M E N T (Delivered by DR.VINEET KOTHARI,J) This Tax Case has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 30.5.2008 made in ITA No.2322/Mds/07, by raising the following substantial question of law: "Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the assessee is entitled for deduction under Section 33AC of the Income-tax Act, 1961?" https://hcservices.ecourts.gov.in/hcservices/ 2. 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 the High Court in cases where the tax effect does not exceed Rs.50 lakhs. 3. 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 question of law for determination in an appropriate case. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssk. To 1.The Commissioner of Income Tax, Chennai. 2.The Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai. 3.The Commissioner of Income Tax (Appeal)-V, Chennai. 4.The Assistant Commissioner of Income Tax, Company Circle VI(3), Chennai-34. TC No.2024 of 2008 SSI(CO) rrs 31/01/2019 https://hcservices.ecourts.gov.in/hcservices/