Principal Commissioner of Income-tax 2, Chennai v. Indowind Energy Ltd
[Citation -2020-LL-0707-9]

Citation 2020-LL-0707-9
Appellant Name Principal Commissioner of Income-tax 2, Chennai
Respondent Name Indowind Energy Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 07/07/2020
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags substantial question of law • monetary limit • low tax effect • written off • bad debt
Bot Summary: PAN : AAACI1806M ... Respondent Tax Case Appeal is filed under Section 260A of the Income Tax Act 1961 against the order dated 25.10.2016 made in I.T.A.No. 1823/Mds/2015 on the file of the Income Tax Appellate Tribunal, Madras B Bench, for the assessment year 2006 - 07. The Tax case appeal was admitted on 28.08.2018 on the following substantial question of law : Whether in the facts and circumstances of the case and in law, the ITAT was correct in allowing the bad debt written off on account of advance made to M/s.Soprano Holdings P.Ltd. The learned 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. 557 of 2018 submitted that the tax effect in this case is less than the threshold limit. 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.


T.C.A.No.557 of 2018 IN HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2020 CORAM HON'BLE MR.JUSTICE T.S.SIVAGNANAM & HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.557 of 2018 Principal Commissioner of Income Tax 2 No.121, Mahatma Gandhi Road, Chennai - 600 034. ... Appellant Vs. M/s.Indowind Energy Ltd, Kothari Buildings, IV floor, 114, Nungambakkam High Road, Chennai - 600 034. PAN : AAACI1806M ... Respondent Tax Case Appeal is filed under Section 260A of Income Tax Act 1961 against order dated 25.10.2016 made in I.T.A.No.1823/Mds/2015 on file of Income Tax Appellate Tribunal, Madras B Bench, for assessment year 2006 - 07 For Appellant : Mr.Karthik Ranganathan For Respondent : Mr.A.S.Sriraman For Mr.S.Sridhar http://www.judis.nic.in 1/5 T.C.A.No.557 of 2018 Judgment (Judgment was delivered by T.S.SIVAGNANAM.J) We have heard Mr.Karthik Ranganathan, learned counsel for appellant and Mr.A.S.Sriraman, accepting notice for respondent. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 25.10.2016 made in I.T.A.No.1823/Mds/2015 on file of Income Tax Appellate Tribunal, Madras B Bench, for assessment year 2006 - 07. 3. Tax case appeal was admitted on 28.08.2018 on following substantial question of law : Whether in facts and circumstances of case and in law, ITAT was correct in allowing bad debt written off on account of advance made to M/s.Soprano Holdings P.Ltd.? 4. learned 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 http://www.judis.nic.in 2/5 T.C.A.No.557 of 2018 submitted that tax effect in this case is less than threshold limit. 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. (T.S.S.J.,) (V.B.S.J.,) 07.07.2020 raja Index : yes/no Internet : yes/no Speaking Order/Non-Speaking Order To Income Tax Appellate Tribunal, B Bench, Chennai. http://www.judis.nic.in 3/5 T.C.A.No.557 of 2018 T.S.SIVAGNANAM.J., and V.BHAVANI SUBBAROYAN.J., raja Tax Case Appeal No.557 of 2018 http://www.judis.nic.in 4/5 T.C.A.No.557 of 2018 07.07.2020 http://www.judis.nic.in 5/5 Principal Commissioner of Income-tax 2, Chennai v. Indowind Energy Ltd
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