Itxa/1256/2009 Of The Commissioner Of Income Tax Xvi, Mumbai v. Shri. Pundrik A. Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1256 OF 2009 The Commissioner of Income Tax-XVI .. Appellant v/s. Shri. Pundrik A. Shah ..Respondent Mr. Suresh Kumar for the appellantMr. Rajesh Poojari i/b Mint & Conferes for the respondent CORAM : M.S. SANKLECHA & B.P. COLABAWALLA, J.J. DATED : 2[nd] MARCH, 2016. P.C. 1.This Appeal relates to Assessment Year 2003-04. 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: S. No.Appeals in Income Tax mattersMonetary Limit 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.Mr. Suresh Kumar, learned Counsel for the Revenue states that the tax effect mentioned in the Appeal Memo is more than Rs.9 lakhs. However, on instructions from the Assessing Officer, he states that the tax effect is less than 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. 4.In view of the above, Mr. Suresh Kumar, learned Counsel appearing for the Revenue does not press the present Appeal. 5.Accordingly, Appeal is dismissed, as not pressed. 6.Refund of Court Fees, as per Rules. (B.P. COLABAWALLA, J.) (M.S. SANKLECHA, J.)