Itxa/1586/2014 Of The Commissioner Of Income Tax-1 v. Raman Publication Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO. 1586 OF 2014 The Commissioner of Income Tax-1Mumbai v/s. M/s. Ramon Publications Pvt. Ltd. .. Appellant .. Respondent Mr. P.C. Chhotaray for the appellant Mr. V.S. Hadade for the respondent P.C. CORAM : M.S. SANKLECHA & A.K. MENON, J.J. DATED : 24[th] MARCH, 2017. 1.This appeal relates to Assessment Year 2004-05. Mr. Chhotaray, learned Counsel appearing for the appellant Revenue tenders affidavit dated 20[th] March, 2017 of Mr. Vinod Mudaliar, Assistant Commissioner of Income Tax stating that tax effect involved in this appeal is Rs.12.81 lakhs and the amount indicated in the appeal memo at Rs.26.03 lakhs is incorrect. 2.Mr. Chhotaray, 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 is 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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. 12.81 lakhs as mentioned in affidavit dated 22[nd] March, 2017 filed by the Asst. Commissioner of Income Tax, Circle 1(3),1, Mumbai. 4.In view of the above, Mr. Chhotaray, learned Counsel appearing for the Revenue does not press the present Appeal. 5.Accordingly, Appeal is dismissed, as not pressed. Refund of Court Fees, as per Rules. (A.K. MENON, J.) (M.S. SANKLECHA, J.)