Ita/954/2005 Of Commissioner Of Income Tax Del v. M.b.lal

$~13 *IN THE HIGH COURT OF DELHI AT NEW DELHI +ITA 954/2005 CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRI Issue notice.Mr. Durgesh Shankar, Advocate accepts notice onbehalf of the non-applicant/Revenue. The applicant seeks early hearing.For the reasons mentioned, theCourt is of the opinion that interest of justice warrants an early hearing ofthe case.Learned counsel for the parties agree that having regard to theaverments made, the appeal may be taken up for hearing today.Theapplication is therefore allowed.ITA 954/2005 This Court had framed a question of law for consideration in thisappeal. Given its pendency vide Circular No. 21/2015 dated 10.12.2015, theCentral Board of Direct Taxes (CBDT) spelt out the monetary limits beyondITA 954/2005Page 1 of 2 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.Thisinstructionwillapplyretrospectivelytopending appeals and appeals to be filed henceforth in HighCourts/Tribunals. Pending appeals below the specified taxlimits in para 3 above may be withdrawn/not pressed.Appeals before the Supreme Court will be governed by theinstructions on this subject, operative at the time when suchappeal was filed.” This Court notices that the tax effect i.e. upon the assessed income, isbelow the prescribed limit of `20,00,000/-. The present appeal cannot be,therefore, prosecuted and is no longer maintainable. It is, however, clarifiedthat in the event, the Assessment Officer discerns any exception in terms ofthe said Circular, it is open to the Revenue to seek restoration of the appealby an appropriate application.The appeal is dismissed but in the aboveterms. S. RAVINDRA BHAT, J. JANUARY 13, 2017sb NAJMI WAZIRI, J. ITA 954/2005