Itxa/542/2014 Of The Director Of Income Tax-Exemption v. Royal Higher Education Society

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 542 OF 2014 The Director of Income Tax – Exemption, MumbaiVersusRoyal Higher Education Society ..Appellant ..Respondent Mr.A.R. Malhotra with Mr.N.A. Kazi for Appellant.Mr.Ratnesh Dube for Respondent. CORAM: M. S. SANKLECHA & S.C. GUPTE, JJ. DATE : 21 SEPTEMBER 2016 P.C.: 1.This Appeal relates to Assessment Year 2006-07. 2.Mr.Malhotra, learned Counsel appearing for the Revenue invitedour attention to Circular No.21 of 2015 issued by the Central Board forDirect Tax dated 10[th ] December, 2015. In particular, our attention isinvited to paragraphs 3 and 10 therein which read as under:- “3:-Henceforth, appeals/SLPs shall not be filed in cases wherethe tax effect does not exceed the monetary limits givenhereunder:- S. No.Appeals in Income Tax mattersMonetary Limit (inRs.)1Before Appellate Tribunal10,00,000/-2Before High Court20,00,000/- It is clarified that an appeal should not be filed merelybecause the tax effect in a case exceeds the monetary limitsprescribed above. Filing of appeal in such cases is to be decidedon merits of the case.” “10:-This instruction will apply retrospectively to pendingappeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para3 above may be withdrawn/not pressed. Appeals before theSupreme Court will be governed by the instructions on thissubject, operative at the time when such appeal was filed.” 3.In the present case, the tax effect is Rs.19.57 lakhs as mentioned inparagraph 18 of the Appeal Memo. 4.In view of the above, Mr.Malhotra, learned Counsel appearing forthe Revenue does not press the present appeal. 5.Accordingly, Appeal is dismissed as not pressed. 6.Refund of Court Fees, as per Rules. (S.C. GUPTE, J.) (M. S. SANKLECHA, J.)