Itxa/1041/2007 Of The Commissioner Of Of Income-Tax Viii v. M/S Jecobs H And G Pvt.ltd

Priya Soparkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (IT) NO.1041 OF 2007 The Commissioner of Income-Tax VIII… AppellantV/s. M/s Jecobs H and G Pvt. Ltd.… Respondent--- Mr.Suresh Kumar with Ms.Sumandevi Yadav, Advocate forthe Appellant.Mr.Subhash S. Shetty, Advocate for the Respondent. --- CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 12, 2020 P.C.:- 1.Heard Mr.Suresh Kumar, learned standing counsel,Revenue for the appellant; and Mr.Subhash S. Shetty, learnedcounsel for the respondent/assessee. 2.This appeal has been preferred by the Revenue underSection 260A of the Income Tax Act, 1961 assailing the orderdated 22[nd] April, 2004 passed by the Income Tax AppellateTribunal, Mumbai Bench "D", Mumbai in Income Tax AppealNo.162/Mum/2000 for the assessment year 1995-96. 3.We notice that in the court proceedings held on 14[th]January, 2020 it was pointed out by learned counsel for therespondent that the tax effect is less than the prescribed limitof Rs.1 crore as provided in CBDT Circular No.17 of 2019 Priya Soparkar dated 8th August, 2019. Learned standing counsel hadsought for time to examine the position. Further time wasgranted subsequently on 28[th] January, 2020. 4.Today when the matter is called upon, Mr.Suresh Kumarsubmits that he has not received any instructions. 5.Be that as it may, evidently the tax effect is below theprescribed limit of Rs.1 crore as per the CBDT Circular No.17of 2019. 6.The appeal is accordingly dismissed as withdrawn as perthe said Circular. However, liberty is granted to the appellantto seek revival of the appeal if it is found that the appealcomes within any of the exceptions carved out in the CBDTcircular. 7.Court fees paid may be refunded as per Rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) ….