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Itxa/276/2004 Of Commissioner Of Income Tax City-Xiii,Mumbai v. Maharashtra State Co-Op. Marketing Federation Ltd

High Court 12 Jul 2018 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Itxa/276/2004 Of Commissioner Of Income Tax City-Xiii,Mumbai v. Maharashtra State Co-Op. Marketing Federation Ltd
Date of order
12 Jul 2018
Assessment year(s)
1985-86
Outcome
Dismissed

Case summary

In Itxa/276/2004 Of Commissioner Of Income Tax City-Xiii,Mumbai v. Maharashtra State Co-Op. Marketing Federation Ltd, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

* 1/3 * ITXA-275, 276,277-2004(SR.906, 907, 908)Thursday, 12.7.2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 275 OF 2004 ALONGWITHINCOME TAX APPEAL NO. 276 OF 2004 ALONGWITH INCOME TAX APPEAL NO. 277 OF 2004 Commissioner of IncomeTax, City-XIII, MumbaiV/s.Maharashtra State Co-op.Marketing Federation Ltd. ….Appellant ….Respondent * * * * * Ms. Swapna Gokhale I/by. Mr. Suresh Kumar, Advocatefor the appellant. Mr. Ruturaj Gurjar I/by. Mr. S.N. Inamdar, Advocate forthe respondent. CORAM :- M.S. SANKLECHA, & SANDEEP K. SHINDE, JJ.DATE :-12TH JULY, 2018. P.C. :- These three Appeals arise out a common order Rane * 2/3 * ITXA-275, 276,277-2004(SR.906, 907, 908)Thursday, 12.7.2018 dated 23[rd] June, 2003 of the Income Tax AppellateTribunal (the Tribunal) relating to Assessment Year 1985-86, 1987-88 and 1988-89 respectively. TheRevenue has filed Appeals for the Assessment Year 1985-86, 1987-88 and 1988-89. 2. The tax effect involved in each of the threeApepals is less then the threshold limit of Rs.50 lakhs asprovided in Circular No. 3 of 2018 dated 11[th] July, 2018issued by the Central Board of Direct Taxes (CBDT).Therefore, not hit by para-5 thereof. Further, the aboveCircular directs the officers of the Revenue not to presspending appeals, if the tax effect is less then that providedtherein. 3. The tax effect in Income Tax Appeal No. 275 of2004 is Rs.20.23 lakhs as indicated in para-11 of theAppeal Memo. Rane * 3/3 * ITXA-275, 276,277-2004(SR.906, 907, 908)Thursday, 12.7.2018 4. The tax effect in Income Tax Appeal No. 276 of 2004 is Rs.25.91 lakhs as indicated in para-11 of theAppeal Memo. 5. The tax effect in Income Tax Appeal No. 277 of2004 is Rs.19.25 lakhs as indicated in para-11 of theAppeal Memo. The tax effect in Income Tax Appeal No. 277 of 6. In view of the CBDT Circular No. 3 of 2018dated 11[th] July, 2018, Ms. Gokhale, on instructions, doesnot press the three Appeals. Accordingly, the threeAppeals are dismissed as not pressed as the tax effect ineach of the Appeals is less then Rs.50 lakhs. (SANDEEP K. SHINDE, J) (M.S. SANKLECHA, J)
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