Judgt. dt. 21.1.2020 in T.C.A.1081 & 1084 of 2010 CIT V. A.S.Ibrahim Rawther 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.1.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) Nos.1081 & 1084 of 2010 Commissioner of Income Tax Chennai Appellant in both cases Vs. Shri.R.Rajinikant Respondent in both cases Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 18.12.2009 made in ITA No.1573/Mds/2009 and ITA No.1576/Mds/2009. For Appellant : Mr.M.Swaminathan Senior Standing Counsel For Respondent : Mr.A.S.Sriraman COMMON JUDGMENT (Delivered by DR.VINEET KOTHARI,J) These Tax Case Appeals have been filed by Revenue, calling in question correctness of order passed by Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 18.12.2009 made in ITA No.1573/Mds/2009 and ITA No.1576/Mds/2009, for Assessment Years 2002-2003 and 2006-2007, by raising following substantial questions of law: http://www.judis.nic.in Judgt. dt. 21.1.2020 in T.C.A.1081 & 1084 of 2010 CIT V. A.S.Ibrahim Rawther 2/4 "i) Whether on facts and circumstances of case, Tribunal was right in holding that income from money lending activity between its friends and relatives as hand loan without any stipulated terms on basis of relationship, as per assessee's admission during course of survey had to be treated as income from business, when assessee had ratified statement given during survey by way of revised return, wherein bad debt claim was withdrawn? and ii) Whether on facts and circumstances of case, Tribunal was right in holding that assessee is entitled for claim of deduction of bad debt for assessment year 2006-07?" 2. When matters are taken up for hearing, learned Senior 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). http://www.judis.nic.in Judgt. dt. 21.1.2020 in T.C.A.1081 & 1084 of 2010 CIT V. A.S.Ibrahim Rawther 3/4 3. In instant cases, tax effect is said to be less than monetary limit imposed and therefore, Appeals filed by Revenue are dismissed, as withdrawn, keeping open substantial questions of law for determination in appropriate cases. No costs. (V.K.,J.) (R.S.K.,J.) 21.1.2020 Index : Yes/No Internet : Yes/No ssk. To 1. Commissioner of Income Tax Chennai 2. Income Tax Appellate Tribunal, 'B' Bench, Chennai. 3. Assistant Commissioner of Income Tax, Media Circle-II, Chennai. http://www.judis.nic.in Judgt. dt. 21.1.2020 in T.C.A.1081 & 1084 of 2010 CIT V. A.S.Ibrahim Rawther 4/4 DR.VINEET KOTHARI, J. and R.SURESH KUMAR, J. Commissioner of Income-tax, Chennai v. R. Rajinikant