Itxa/189/2016 Of Pr.commissioner Of Income Tax Central-2 v. Shri Sanjay Kohli

Uday S. Jagtap IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 189 OF 2016 The Pr. Commissioner of Income Tax,Central-2, Mumbai .. Appellant v/s. Shri Sanjay Kohli ..Respondent Mr. N.C. Mohanty for the appellantMr. Sameer Dalal for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. P.C. DATED : 11[th] JULY, 2018. 1.This Appeal relates to Assessment Year 2003-04. 2.Mr. Mohanty, learned Counsel appearing for the Revenue invitedour attention to Circular No.21 of 2015 issued by the Central Board forDirect Tax dated 10[th ] December, 2015. In particular, our attention isinvited to paragraphs 3 and 10 therein which read as under:- “3:-Henceforth, appeals/SLPs shall not be filed in caseswhere the tax effect does not exceed the monetary limitsgiven hereunder:- S. No.Appeals in Income Tax mattersMonetary Limit (inRs.)1Before Appellate Tribunal10,00,000/-2Before High Court20,00,000/-3Before Supreme Court25,00,000/- It is clarified that an appeal should not be filed merelybecause the tax effect in a case exceeds the monetary limitsprescribed above. Filing of appeal in such cases is to bedecided on merits of the case.” “10:-This instruction will apply retrospectively to pendingappeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits inpara 3 above may be withdrawn/not pressed. Appeals beforethe Supreme Court will be governed by the instructions onthis subject, operative at the time when such appeal wasfiled.” 3.In the present case, the tax effect is Rs. 16.58 lakhs as mentionedin paragraph 11.1 of the Appeal Memo. 4.In view of the above, Mr. Mohanty, learned Counsel appearingfor the Revenue does not press the present Appeal. 5.Accordingly, Appeal is dismissed, as not pressed. 6.Refund of Court Fees, as per Rules. (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)