Itxa/562/2004 Of The Commissioner Of Income-Tax v. Shri Umesh Laldas

Sonali Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 562 OF 2004 The Commissioner of Income Tax .. Appellant v/s. Shri Umesh Laldas Vora .. Respondent Mr. Sham Walve for Appellant. Mr. A.K.Jasani a/w. Mr. Ashok Patil for Respondent. CORAM: UJJAL BHUYAN, & MILIND N. JADHAV, JJ. P. C.:- DATE : JANUARY 27, 2020. 1.Heard Mr. Sham Walve, learned standing counsel revenue forthe appellant. 2.This appeal under Section 260A of the Income Tax Act, 1961has been preferred by the revenue against the order dated03.11.2003 passed by the Income Tax Appellate Tribunal, Mumbai“C” Bench, Mumbai in ITA No.4515/Mum/99 for the assessmentyear 1996-97. 3.It is seen that the tax effect in the appeal is Rs.2,36,250/-. Inview of Circular No.17 of 2019 of Government of India, Ministry ofFinance, Department of Revenue, Central Board of Direct Taxes(CBDT) dated 08.08.2019, the monetary limit for filing of appeal bythe Department before the High Court has been enhanced to Rs.1Crore. 4.In other words, no appeal will be filed by the Departmentbefore the High Court where the tax effect is less than Rs.1 Croreand in case appeal has been filed, the same would stand withdrawnsubject to the conditions mentioned in the said Circular. 5.Mr. Walve, learned standing counsel revenue for the appellantsubmitted that he has not received any instructions from thedepartment. 6.In the light of the above, the present appeal is dismissed aswithdrawn in terms of the above Circular. 7.Court fee to be refunded as per rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN,J.)