Itxa/5536/2010 Of The Commissioner Of Income Tax-7,Mumbai v. M/S. Rasiklal And Co. Pvt. Ltd, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 5515 OF 2010ANDINCOME TAX APPEAL NO. 5536 OF 2010 The Commissioner of Income Tax-7 .. Appellant v/s. M/s. Rasiklal & Co. Pvt. Ltd. ..Respondent Mr. Abhay Ahuja for the appellant Ms. Rutuja Pawar i/b S.C. Tiwari for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J. DATED : 28[th] MARCH, 2016. P.C. 1.These two appeals from a common impugned order of the Tribunal relate to Assessment Years 1998-99 and 2003-04. 2.Mr. Ahuja, learned Counsel appearing for the Revenue invited our attention to Circular No.21 of 2015 issued by the Central Board for Direct Tax dated 10[th ] December, 2015. In particular, our attention invited to paragraphs 3, 5 and 10 therein which read as under:- “3:-Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.” “5. ..….. However, in case of a composite order of any High Court or appellate authority, which involves more than one assessment year and common issues in more than one assessment year, appeal shall be filed in respect of all such assessment years even if the 'tax effect' is less than the prescribed monetary limits in any of the year(s), if it is decided to file appeal in respect of the year(s) in which 'tax effect' exceeds the monetary limit prescribed. In case where a composite order / judgment involves more than one assessee, each assessee shall be dealt with separately.” “10:-This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.” 3.The tax effect in both appeals is Rs. 3.11 lakhs as mentioned in paragraph 9 of the Appeal Memos. Thus, not hit by clause 5 of the above Circular. 5515-10-itxa-c=.doc 4.In view of the above, Mr. Ahuja, learned Counsel appearing for the Revenue does not press the present Appeals. 5.Accordingly, both Appeals are dismissed, as not pressed. 6.Refund of Court Fees, as per Rules. (A.K. MENON, J.) (M.S. SANKLECHA, J.)