Commissioner of Income-tax-I, Coimbatore v. Elgi Ultra Industries Ltd
[Citation -2020-LL-0615-24]

Citation 2020-LL-0615-24
Appellant Name Commissioner of Income-tax-I, Coimbatore
Respondent Name Elgi Ultra Industries Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 15/06/2020
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags substantial question of law • books of accounts • monetary limit • low tax effect • written off • bad debt
Bot Summary: 1267/Mds/2009 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2006-07. For Appellant: Mr.T.R.Senthilkumar, SSC Ms.K.G.Usharani, SC For Respondent: Mr.Arun Prasad Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel and Ms.K.G.Usharani, learned Standing Counsel appearing for the appellant Revenue and Mr.Arun Prasad, learned counsel appearing for the respondent. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 20.11.2009 made in ITA.No. The appeal has been admitted on 07.6.2010 on the following substantial question of law : Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in allowing the bad debts written off in the books of accounts, even though the conditions laid down under Section 36(1)(vii) read with Section 36(2) were not satisfied by the assessee 4. The learned Senior Standing Counsel for the appellant submits that the above appeal is not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits.


TCA.No.448 of 2010 In High Court of Judicature at Madras Dated : 15.6.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal No.448 of 2010 Commissioner of Income Tax-I, Coimbatore ...Appellant Vs M/s.Elgi Ultra Industries Ltd., Coimbatore ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 20.11.2009 made in ITA.No.1267/Mds/2009 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment year 2006-07. For Appellant: Mr.T.R.Senthilkumar, SSC & Ms.K.G.Usharani, SC For Respondent: Mr.Arun Prasad Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel and Ms.K.G.Usharani, learned Standing Counsel appearing for appellant Revenue and Mr.Arun Prasad, learned counsel appearing for respondent. 1/4 http://www.judis.nic.in TCA.No.448 of 2010 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for short, Act) is directed against order dated 20.11.2009 made in ITA.No.1267/Mds/2009 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench (for brevity, Tribunal) for assessment year 2006-07. 3. appeal has been admitted on 07.6.2010 on following substantial question of law : Whether, on facts and in circumstances of case, Income Tax Appellate Tribunal was right in allowing bad debts written off in books of accounts, even though conditions laid down under Section 36(1)(vii) read with Section 36(2) were not satisfied by assessee? 4. learned Senior Standing Counsel for appellant submits that above appeal is not pursued by Revenue on account of low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by Central Board of Direct Taxes. By said Circular, monetary limit for filing or pursuing appeal before High Court has been increased to Rs.1 Crore. It is further submitted that tax effect in this case is less than threshold limit. 2/4 http://www.judis.nic.in TCA.No.448 of 2010 5. In light of said submissions, above tax case appeal is dismissed on account of low tax effect. substantial question of law framed is left open. In event tax effect is above threshold limit fixed in said circular, liberty is granted to Revenue to make mention to this Court to restore appeal to be heard and decided on merits. No costs. 15.6.2020 To Income Tax Appellate Tribunal, Chennai 'B' Bench. RS 3/4 http://www.judis.nic.in TCA.No.448 of 2010 T.S.SIVAGNANAM,J AND PUSHPA SATHYANARAYANA,J RS TCA.No.448 of 2010 15.6.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax-I, Coimbatore v. Elgi Ultra Industries Ltd
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