Commissioner Of Income Taxchennai v. M/S.fichtner Consulting Engineers(I) Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.650 of 2011 Commissioner of Income TaxChennai...Appellant Vs. M/s.Fichtner Consulting Engineers(I) Pvt Ltd., No.64, Old No.143Ganesh Chambers, Eldams RoadChennai 600 018. ...Respondent -----Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the common order of the Income TaxAppellate Tribunal 'A' Bench, Chennai dated 30.06.2011 in ITANo.550/Mds/2011 and Against the O/O Commissioner of Income TaxAppeals III, Chennai 34 and made in ITA.NO.611/09-10 dated15.12.2010 and against the Deputy commissioner of Income TaxCompany circle II(1), chennai and made in PAN NO.AAA CF56 20QDated 31.12.20009 for the Assessment Year 2007-2008. -----For Appellant : Mr.T.Ravi Kumar , Sr.Standing CounselFor Respondent : Mr.A.Sriraman (Judgment of the Court was delivered by DR.VINEETKOTHARI,J) This Tax Case Appeal has been filed by the Revenuecalling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'A' Bench, Madras, by raisingthe following substantial question of law: "Whether on the facts and in the circumstances ofthe case, the Appellate Tribunal was right inallowing the claim of bad debts as non-recoverablewhen the assessee company is writing off the samewithin one month or in the same month when thebills were raised?” https://hcservices.ecourts.gov.in/hcservices/ 2. When the matter was taken up for hearing, the learnedStanding Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.17/2019 dated 8th August 2019, wherein, it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the tax effectdoes not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appealsfiled by the Revenue is dismissed as not pressed, keeping openthe substantial questions of law for determination in anappropriate case. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arrTo 1.The Income Tax Appellate Tribunal 'A' Bench,Chennai. 2.The Commissioner of Income Tax Appeals III, Nungambakkam Chennai 34 3.The Deputy commissioner of Income Tax Company circle II(1),chennai +1cc to Mr.S.Sridhar , Advocate SR.No. 12077 T.C.(A) No.650 of 2011 A.SK(11/03/2020)