Itxa/1095/2014 Of Commissioner Of Income Tax-1 v. M/S Italindia Elastic Pvt Ltd

Priya Soparkar 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (IT) NO.1095 OF 2014 Commissioner of Income Tax-1… AppellantV/s.M/s Italindia Elastic Pvt. Ltd.… Respondent --- Mr.Suresh Kumar, Advocate for the Appellant.Mr.Rajeev Waglay i/by M/s DSR Legal, Advocate for theRespondent. --- CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : MARCH 2, 2020 P.C.:- 1.Heard Mr.Suresh Kumar, learned standing counsel,Revenue for the appellant and Mr.Waglay, learned counselfor the respondent/assessee. 2.This appeal under Section 260A of the Income Tax Act,1961 has been preferred by the Revenue against the orderdated 11[th] September, 2013 passed by the Income TaxAppellate Tribunal, Mumbai Bench “I”, Mumbai in Income TaxAppeal No.2420/Mum/2012 for the assessment year 2007-08. 3.On 3[rd] February, 2020, learned standing counsel soughtfor time to obtain instructions as to whether the related Priya Soparkar 1 itxa 1095-14-o appeal is covered by the CBDT Circular No.17 of 2019. Todaywhen the matter is called upon, Mr.Suresh Kumar submitsthat he has not received instructions. 4.Be that as it may, we find that the disputed claim in theappeal is Rs.27,32,141.00 which is below the prescribed limitas per the Circular No.17 of 2019 dated 8[th] August, 2019. 5.In view of above, the appeal is disposed of as withdrawn.However, if it is found that the appeal falls within any of theexceptions in the aforesaid circular, it would be open to theRevenue to seek revival of the appeal. 6.Refund of court fees, if any, as per rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) ….