Commissioner Of Income Tax v. M/S Padam Publications & Marke

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ ITA 1666/2006 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Zoheb Hossain, Sr. Standing Counsel. versus M/S PADAM PUBLICATIONS & MARKE ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R% 09.01.2017 This Court had framed a question of law for consideration in these appeals. Given its pendency vide Circular No. 21/2015 dated 10.12.2015, the Central Board of Direct Taxes (CBDT) spelt out the monetary limits beyond which appeals could be preferred before the Income Tax Appellate Tribunal (ITAT), High Courts and SLP before the Supreme Court respectively. Clause 10 of the Circular reads as below:- “10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.” This Court notices that the tax effect i.e. upon the assessed income, is below the prescribed limit of `20,00,000/-. The present appeals cannot be, therefore, prosecuted and are no longer maintainable. It is, however, clarified that in the event, the Assessment Officer discerns any exception in terms of the said Circular, it is open to the Revenue to seek restoration of the concerned appeals by an appropriate application. The appeals are dismissed but in the above terms. S. RAVINDRA BHAT, J JANUARY 09, 2017 /vikas/ NAJMI WAZIRI, J