THE COMMISSIONER OF INCOME vs. M/S.AMBADI ENTERPRISES LIMIT

T.C.A.No.69 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.08.2022 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.69 of 2017 The Commissioner of Income Tax, Chennai. ... Appellant Versus M/s.Ambadi Enterprises Limited, Parrys House, 5th Floor, 43, Moore Street, Chennai - 600 001. ... Respondent (PAN No.AAACA6374J) Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras “C” Bench, dated 20.07.2016 in I.TA.No.1161/Mds/2016. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For Respondent : Mr.R.Sivaraman Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.69 of 2017 J U D G M E N T (Judgment was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 20.07.2016 passed by the Income Tax Appellate Tribunal, Madras 'C' Bench, in I.T.A.No.1161/Mds/2016, relating to the assessment year 2010-11. 2. By order dated 14.02.2017, this court admitted the aforesaid tax case appeal on the following substantial question of law: "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the disallowance made by the Assessing Officer in respect of bad debts written off is not proper?" 3. When the matter was taken up for consideration, the learned counsel for the appellant / Revenue brought to the notice of this court the Circular No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes, wherein, it is stipulated that appeal 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/- (Rupees One Crore). It is also submitted that the tax effect in this appeal is less than the threshold limit. Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.69 of 2017 4. In the light of the aforesaid submissions made by the learned counsel for the appellant / Revenue, the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial question of law for determination in an appropriate case. No costs. (R.M.D., J.) (M.S.Q., J.) 24.08.2022 r n s

Internet : Yes.

Index : Yes / No. Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.69 of 2017 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. r n s To 1. The Income Tax Appellate Tribunal 'D' Bench, Chennai. 2. The Commissioner of Income Tax, (Appeals)-I, Mahatma Gandhi Road, Nungambakkam. 3. The Deputy Commissioner of Income-tax, Company Circle (1), Chennai. T.C.A.No.69 of 2017 24.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis