In Itxa/2783/2009 Of The Commissioner Of Income Tax -Xvi, Mumbai v. M/S Blue Star, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Issue: Suresh Kumar, learned Counsel appearing for the Revenue states that inspite of his best efforts, he has not received anyinstructions from the Revenue whether to prosecute this appeal orwithdraw this appeal bearing in mind that the tax effect involved in theappeal is less than Rs.50 lakhs.
Decision: 3.In the above view, the present appeal is dismissed for non-prosecution.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 2783 OF 2009
The Commissioner of Income Tax-XVI
.. Appellant
v/s.
M/s. Blue Star
..Respondent
Mr. Suresh Kumar for the appellant Mr. Divesh Fotaria for the respondent
CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J.
P.C.
DATED : 9[th] AUGUST, 2018.
1.On 25[th] July, 2018, this appeal was kept on yesterday's board
under the caption “for withdrawal”. However, Mr. Suresh Kumar,sought time and at his request the appeal was kept today.
2.Mr. Suresh Kumar, learned Counsel appearing for the Revenue
states that inspite of his best efforts, he has not received anyinstructions from the Revenue whether to prosecute this appeal orwithdraw this appeal bearing in mind that the tax effect involved in theappeal is less than Rs.50 lakhs.
3.In the above view, the present appeal is dismissed for non-prosecution.
(SANDEEP K. SHINDE J.)
(M.S. SANKLECHA, J.)
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