Itxa/518/2018 Of Pr. Commissioner Of Income-Tax - 2 v. State Bank Of India (Successor Of State Bank Of Saurashtra)

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 518 OF 2018 Pr. Commissioner of Income Tax-2.. Appellant v/s. State Bank of India (Successor ofState Bank of Saurashtra).. Respondent … Mr. Suresh Kumar for the appellant. Mr. Nitesh Joshi i/by Mr. Atul K. Jasani for the respondent. … CORAM : DHIRAJ SINGH THAKUR AND KAMAL KHATA, JJ. DATED : 3RD FEBRUARY, 2023. P.C. : th.By virtue of order dated 6 January 2023, Mr. Suresh Kumar was directed to seek instructions in the matter for withdrawal of the appealin terms of Circular No.17 of 2019 dated 8th August 2019 but theneedful has not been done. We are satisfied with the submissions madeby Mr. Joshi, learned counsel for the respondents that the tax effect in the present case has to be calculated, based upon the orders passed bythe Commissioner of Income Tax (Appeals), which would certainly beDigitallysigned bySANDHYASANDHYABHAGUBHAGUWADHWAWADHWADate:2023.02.08less than Rs.1 Crore, and thus, the appeal would get covered in terms of14:39:00+05301/2 Circular No.17 of 2019 dated 8th August 2019. A copy of thecalculation submitted by the learned counsel for the respondent is takenon record. 2.Be that as it may, the appeal is disposed of in terms of the Circularno.17 of 2019 dated 8th August 2019. However, in case for any reason,the calculation is found to be erroneous, it would be open to theappellant to have the appeal revived. 3.Appeal is accordingly disposed of. 4.Refund of Court fees, if any, as per rules. (KAMAL KHATA, J.) (DHIRAJ SINGH THAKUR, J.)