Itxa/1063/2007 Of The Commissioner Of Income-Tax- Viii v. M/S Jacobs H And G Pvt.ltd

Sonali Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1042 OF 2007WITH INCOME TAX APPEAL NO. 1063 OF 2007 The Commissioner of Income Tax VIII, Mumbai .. Appellant v/s. M/s. Jacobs H & G Pvt. Ltd. ..Respondent Mr. Suresh Kumar for the Appellant.Mr. S.S.Shetty for the Respondent. CORAM: UJJAL BHUYAN, & MILIND N. JADHAV, JJ. P. C:- DATE : 21ST JANUARY, 2020. 1.Heard Mr. Suresh Kumar, learned standing counsel revenue for the appellant and Mr. S.S.Shetty, learned counsel for the respondent. 2.Today when the matter is called upon, learned counsel for theparties has placed before the Court a copy of Circular No. 17 of 2019 ofGovernment of India, Ministry of Finance, Department of Revenue,Central Board of Direct Taxes dated 08.08.2019 enhancing monetary limit for filing of appeals by the Department before the Income Tax Appellate Tribunal, High Court and before the Supreme Court. In so far filing ofappeal before the High Court is concerned, the monetary limit is fixed atRs.1 crore. In other words, in any matter where the tax effect is less thanRs.1 crore, Department would not prefer appeal and in cases whereappeal has been preferred, those would stand withdrawn subject to theconditions mentioned in the circular. 3.In the present appeal it is submitted that the tax effect would beless than Rs.1 crore. 4.Accordingly, appeal is dismissed as withdrawn in terms of the aboveCircular. 5.However, it is made clear that in case learned standing counselrevenue is informed by the Department that the appeal is not covered bythe aforesaid circular, he would be at liberty to move the Court for recallof this order. 6.Refund of Court fee as per rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN,J.)