Itxa/216/2009 Of The Commissioner Of Income Tax-3, Mumbai v. Spice Island Apparels Ltd., Mumbai

THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 216 OF 2009 The Commissioner of Income Tax-3 .. Appellant v/s. Spice Island Apparels Ltd. ..Respondent Mr. A.R. Malhotra a/w Mr. N.A. Kazi for the appellant Ms. Nikita Rokade I/b Akshay Vani for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. DATED : 14[th] AUGUST, 2018. P.C. 1.This Appeal relates to Assessment Year 2000-01. 2.Mr. Malhotra, learned Counsel appearing for the Revenueinvited our attention to Circular No.3 of 2018 dated 11[th] July, 2018issued by the Central Board for Direct Tax (CBDT). The aboveCircular directs the Officers of the Revenue not to file appeals to theHigh Court where the tax effect does not exceed Rs.50 lakhs. It alsodirects its Officers to withdraw / not press its pending appeals wherethe tax effect is less than Rs.50 lakhs. This, of course, if it does not fallin the excluded class of appeals listed therein. 3.Our attention is invited to para 10 of the Appeal Memo, whichindicates that in this Appeal, the tax effect is Rs. 33.03 lakhs. 4.In view of the Circular No.3 of 2018 dated 11[th] July, 2018 issuedby the CBDT, Mr. Malhotra, learned Counsel appearing for theRevenue, on instructions from Ms. Sangita Kale, ITO-3(3)(3), Mumbaidoes not press the present Appeal. 5.Accordingly, Appeal dismissed, as withdrawn. 6.Refund of Court Fees, if any, as per Rules. (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)