Commissioner of Income-tax I, Chennai v. KLK Electricals Ltd
[Citation -2019-LL-0926-54]

Citation 2019-LL-0926-54
Appellant Name Commissioner of Income-tax I, Chennai
Respondent Name KLK Electricals Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 26/09/2019
Assessment Year 2003-04
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: 26.09.2019 in TC(A) No.250 of 2009 CIT v. KLK Electricals Ltd. JUDGMENT This Tax Case Appeal has been filed by the Revenue, calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 26.09.2008, for the Assessment Year 2003-04, 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 principal amount of loans waived by banks and other creditors cannot be treated as income of the assessee 2. When the matter is taken up for hearing, the learned Junior Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, 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.1,00,00,000/-. 26.09.2019 in TC(A) No.250 of 2009 CIT v. KLK Electricals Ltd. monetary limit imposed and therefore, the Appeal filed by the Revenue is dismissed, as withdrawn, keeping open the substantial question of law for determination in appropriate cases.


Judgment dt. 26.09.2019 in TC(A) No.250 of 2009 CIT v. KLK Electricals Ltd. IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.09.2019 CORAM : HON'BLE DR.VINEET KOTHARI, ACTING CHIEF JUSTICE AND HON'BLE MR.JUSTICE C.SARAVANAN Tax Case (Appeal) No.250 of 2009 Commissioner of Income Tax I, Chennai. .. Appellant -vs- KLK Electricals Ltd., New No.64, GF 8th Cross Street, Chennai-30 PAN AAACK2418F .. Respondent Tax Case Appeals filed under Section 260A of Income Tax Act, 1961, against order of Income tax Appellate Tribunal, 'B' Bench, Chennai, dated 26.09.2008 made in ITA.No.2227/Mds/06. For Appellant : Mr.S.Rajesh Jr. Standing Counsel For Respondent : Mr.G.Surya Narayanan Page 1 of 4 http://www.judis.nic.in Judgment dt. 26.09.2019 in TC(A) No.250 of 2009 CIT v. KLK Electricals Ltd. JUDGMENT (Delivered by Hon'ble Acting Chief Justice) This Tax Case Appeal has been filed by Revenue, calling in question correctness of order passed by Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 26.09.2008, for Assessment Year 2003-04, by raising following substantial question of law: Whether on facts and circumstances of case, Tribunal was right in holding that principal amount of loans waived by banks and other creditors cannot be treated as income of assessee? 2. When matter is taken up for hearing, learned Junior Standing Counsel brought to our notice Circular instruction issued by Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, wherein, it is stipulated that appeals shall not be filed/pursued by Department before High Court in cases where tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In instant case, tax effect is said to be less than Page 2 of 4 http://www.judis.nic.in Judgment dt. 26.09.2019 in TC(A) No.250 of 2009 CIT v. KLK Electricals Ltd. monetary limit imposed and therefore, Appeal filed by Revenue is dismissed, as withdrawn, keeping open substantial question of law for determination in appropriate cases. No costs. (V.K.,ACJ.) (C.S.N.,J.) 26.09.2019 Index : Yes/No bbr To: 1. Registrar, Income Tax Appellate Tribunal, Madras "B" Bench, Chennai. 2. Commissioner of Income Tax (Appeals)-III 121, Mahatma Gandhi Road, Chennai-34. 3. Assistant Commissioner of Income Tax, Company Circle II(3), Chennai-34. Hon'ble Acting Chief Justice and Page 3 of 4 http://www.judis.nic.in Judgment dt. 26.09.2019 in TC(A) No.250 of 2009 CIT v. KLK Electricals Ltd. C.Saravanan, J. bbr T.C.(A) No.250 of 2009 26.09.2019 Page 4 of 4 http://www.judis.nic.in Commissioner of Income-tax I, Chennai v. KLK Electricals Ltd
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