Itxa/122/2009 Of The Commissioner Of Income Tax-1 Nashik v. Kokani Bharat Dairy Farm

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 122 OF 2009 The Commissioner of Income Tax-I .. Appellant v/s. Kokani Bharat Dairy Farm ..Respondent Mr. Suresh Kumar for the appellant CORAM : M.S. SANKLECHA & B.P. COLABAWALLA, J.J. DATED : 29[th] JANUARY, 2016. P.C. 1.This Appeal relates to Assessment Year 2001-02. 2.Mr. Suresh Kumar, learned Counsel appearing for the Revenue invited our attention to Circular No.21 of 2015 issued by the Central Board for Direct Tax dated 10[th ] December, 2015. In particular, our attention invited to paragraphs 3 and 10 therein which read as under:- “3:-Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits -given hereunder: It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.” “10:-This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.” 3.In the present case, the tax effect is Rs. 16.43 lakhs as mentioned in paragraph 10 of the Appeal Memo. 4.Mr. Suresh Kumar, learned Counsel for the Revenue further states that the impugned order is a common order dealing with 8 other Assessment Years. In none of the other 8 Assessment Years, the tax effect is in excess of Rs.20 lakhs. Consequently, this appeal is not hit by clause 5 of the Central Board of Direct Taxes' Circular No.21/2015 dated 10[th] December, 2015. 5.In view of the above, Mr. Suresh Kumar, learned Counsel appearing for the Revenue seeks liberty to withdraw the appeal. 6.Accordingly, Appeal is dismissed as withdrawn. 7.Refund of Court Fees, as per Rules. (B.P. COLABAWALLA, J.) (M.S. SANKLECHA, J.)