Itxa/209/2015 Of The Commissioner Of Income Tax-1 v. M/S. Lintelnet Global Services Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 209 OF 2015 The Commissioner of Income Tax-I,Mumbai .. Appellant v/s. M/s. Intelnet Global Services Pvt. Ltd. ..Respondent Mr. Suresh Kumar for the appellant Mr. Atul Jasani for the respondent CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA J.J. P.C. DATED : 12th FEBRUARY, 2018. 1.This Appeal relates to Assessment Year 2006-07. 2.Mr. Suresh Kumar, learned Counsel appearing for the appellant – Revenue tenders an affidavit of Mr. Rakesh Bhaskar, Principal Commissioner of Income Tax-12, Mumbai, dated 3[rd] February, 2018. In the above affidavit, it is stated that the tax effect involved in the present appeal at Rs.96.94 lakhs is a mistake and the correct amount of tax involved in this appeal is Rs.15.19 lakhs. 3.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 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.” 4.In view of the above affidavit dated 3[rd] February, 2018 filed by the Principal Commissioner of Income Tax, Mr. Suresh Kumar, learned Counsel for the appellant Revenue, on instructions, seeks to withdraw the present appeal. 5.Accordingly, Appeal is dismissed, as withdrawn. 6.Refund of Court Fees, as per Rules. ( RIYAZ I. CHAGLA J.) (M.S. SANKLECHA, J.)