Itxa/429/2003 Of The Commissioner Of Income Tax,City-Iii, Mumbai v. M/S Standard Industries Ltd

JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 429 OF 2003 The Commissioner of Income Tax, City-III,Mumbai… Appellant V/s. M/s. Standard Industries Ltd.... Respondent Mr. Ashok Kotangale a/w. Mr. P.A. Narayanan a/w. Mr. Vijay Anandfor the Appellant Ms. Vasanti Patel for the Respondent CORAM : NITIN JAMDAR & N.R. BORKAR, JJ. DATE : 16 JUNE 2022 P.C.:- The tax effect in this Appeal is Rs.63,85,789/-. 2.The learned Counsel for the Appellant states that the taxeffect involved in this Appeal is below the limit stipulated in theCBDT Circular No. 3 of 2018 dated 11 July 2018 as modified byCircular No. 17 of 2019 dated 8 August 2019, however, noinstructions are yet received from the department to withdraw theAppeal. 3.The Appeal is pending since the year 2003. The CBDTcircular is holding the field since 2019 which had stated that theAppeals below the tax effect be withdrawn by the department withinthe time specified therein, which has since long expired. 3.In the light thereof, the Appeal is disposed of as beingbelow tax effect. 4.By way of indulgence, we observe that in case, upon theexamination, the Revenue finds that the Appeal is not to bewithdrawn in the light of the Circular and if application/praecipe isfiled within a period of six weeks, the Court may consider restoringthe Appeal to be heard on merits. N.R. BORKAR, J. NITIN JAMDAR, J. Digitally signedJYOTIPRAKASHby JYOTIPRAKASHPAWARPAWARDate: 2022.06.1815:22:05 +0530