Itxa/1218/2017 Of Principal Of Income Tax 32, Mumbai v. Sanjay Ramsharif Vishwakarma

Sonali Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1218 OF 2017 Principal Commissioner of Income Tax, 32, Mumbai ..Appellant v/s. Mr. Sanjay Ramsharif Vishwakarma .. Respondent Mr. Arvind Pinto for Appellant. CORAM: UJJAL BHUYAN, & MILIND N. JADHAV, JJ. P. C.:- DATE : JANUARY 23, 2020. 1.Heard Mr. Arvind Pinto, learned standing counsel revenue forthe appellant. 2.This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the revenue against the order dated29.06.2016 passed by the Income Tax Appellate Tribunal, Mumbai“E” Bench, Mumbai in ITA No.4391 & 3246/Mum/2011 for theassessment year 2007-08. 3.Mr. Pinto, learned standing counsel submits on the basis ofinstructions received from the Commissioner of IT-32 that thedisputed tax effect in this appeal is Rs.41.15 lakh. As per theCircular No.17 of 2019 of Government of India, Ministry of Finance,Department of Revenue, Central Board of Direct Taxes (CBDT) dated08.08.2019, the monetary limit for filing of appeal by theDepartment before the High Court has been enhanced to Rs.1 Crore. 4.In other words, no appeal will be filed by the Departmentbefore the High Court where the tax effect is less than Rs.1 Croreand in case appeal has been filed, the same would stand withdrawnsubject to the conditions mentioned in the said Circular. 5.In the light of the above, the present appeal is dismissed aswithdrawn in terms of the above Circular. 6.Court fee to be refunded as per rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN,J.)