THE COMMISSIONER INCOME TAX vs. M/S BLOOM ENRGY (INDIA) PVT

TCA.No.753 of 2018 In the High Court of Judicature at Madras Dated : 28.08.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.753 of 2018 The Commissioner of Income Tax, Chennai. ...Appellant Vs M/s.Bloom Energy (India) PVt. Ltd., North Block, 3rd Floor, Rajaji Nagar, IT Park, Rajaji Nagar, Industrial Estate, Bangalore - 560 044. PAN: AABC12936F ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 22.03.2017 made in ITA.No.3348/MDS/2016 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 2011-12. For Appellant : Mr.T.Ravikumar, SSC and Ms.R.Hemalatha, SSC For Respondent : Mr.S.P.Chidambaram JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J.) We have heard Mr.T.Ravikumar, learned Senior Standing Counsel, and Ms.R.Hemalatha, learned Senior Standing Counsel appearing for the 1/4 http://www.judis.nic.in TCA.No.753 of 2018 appellant/revenue and Mr.S.P.Chidambaram, learned counsel appearing for the respondent/assessee. 2.This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 22.03.2017 made in ITA.No.3348/MDS/2016 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 2011-12. 3.The appeal was admitted on 29.10.2018 on the following substantial question of law : “Whether the Tribunal ought to have followed the decision of the Apex Court in the case of Himatasingike Seide Ltd reported in 17 taxmann.com 41 (SC) which clearly held that unabsorbed depreciation loss of in eligible unit had to be set off first against the profits of the eligible unit before computing deduction u/s.10A?" 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. By the said Circular, the monetary limit for filing or 2/4 http://www.judis.nic.in TCA.No.753 of 2018 pursuing an appeal before the High Court has been increased to Rs.1 Crore. It is further submitted that the tax effect in this case is less than the threshold limit. 5.In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. The substantial question of law framed is left open. 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. No costs. (T.S.S.J.) (V.B.S.J.) 28.08.2019 cse Speaking (or) Non Speaking Order Index : Yes (or) No To 1.M/s.Bloom Energy (India) PVt. Ltd., North Block, 3rd Floor, Rajaji Nagar, IT Park, Rajaji Nagar, Industrial Estate, Bangalore - 560 044. 2.The Income Tax Appellate Tribunal, Chennai 'A' Bench. 3/4 http://www.judis.nic.in TCA.No.753 of 2018 T.S.SIVAGNANAM,J. AND V.BHAVANI SUBBAROYAN,J. cse TCA.No.753 of 2018 28.08.2019 4/4 http://www.judis.nic.in