Tax, Chennai v. Https://Hcservices.ecourts.gov.in/Hcservices

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.171 of 2011 Commissioner of Income Tax, Chennai Tax, Chennai...AppellantVsSmt.Mathanlal Nahar ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 04.6.2010 made in ITA.No.1586/Mds/2009 on thefile of the Income Tax Appellate Tribunal, Chennai 'D', agianstthe order dated 20/07/09 made in ITA.NO.201/06-07 on the file ofthe Commissioner of Income Tax(Appeals)VI, Chennai against theassessment order dated 26.12.2006 made in PA/GI.NO. AABPN9333Qon the file of the Deputy commissioner of Income Tax Circle-1,Chennai for the Assessment year 2004-2005. For Appellant: Mr.T.Ravikumar, SSC and Mrs.R.Hemalatha, SSCRespondent : no appearance Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.Ravikumar and Mrs.R.Hemalatha, learnedSenior Standing Counsel appearing for the appellant – Revenue. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated04.6.2010 made in ITA.No. 1586/Mds/2009 on the file of theIncome Tax Appellate Tribunal, Chennai 'D' Bench for theassessment year 2004-05. 1/2 3. The appeal was admitted on 06.6.2011 on the followingsubstantial question of law : “Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in holding that the action of theassessee in taking over the unrealizable baddebts from the family members/HUF andwriting off the same and claiming it asdeduction is valid in law ?” 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019dated 08.8.2019 issued by the Central Board of Direct Taxes. Bythe said Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 Crore.It is further submitted that the tax effect in this case is lessthan the threshold limit. 5. In the light of the said submissions, the above tax caseappeal is dismissed on account of the low tax effect. Thesubstantial question of law framed is left open. In the eventthe tax effect is above the threshold limit fixed in the saidcircular, liberty is granted to the Revenue to make a mention tothis Court to restore the appeal to be heard and decided onmerits. Sd/- Assistant Registrar(CS III) To Sub Assistant Registrar 1.The Income Tax Appellate Tribunal, Chennai 'D' Bench. 2.The Commissioner of Income Tax (Appeals)VI, Chenani. 3.The Deputy Commissioner of Income Tax Circle-1, Chennai 4.The Commissioner of Income Tax, Chennai. rsi(co)nr 01/11/2019 2/2