Itxa/624/2008 Of Commissione Of Of Income-Tax-Centrali,Mum v. M/S Fariyas Hotels P.ltd

Priya Soparkar 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (IT) NO.624 OF 2008 Commissioner of Income Tax-Central-I, Mumbai. … Appellant V/s. M/s Fariyas Hotels Pvt. Ltd. … Respondent --- Mr.Suresh Kumar, Advocate for the Appellant.Mr.A.K.Jasani, Advocate for the Respondent. --- CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 20, 2020 P.C.:- 1.Heard Mr.Sureshkumar, learned standing counsel,revenue for the appellant and Mr.Atul K. Jasani, learnedcounsel for the respondent. 2. Today when the matter is called upon, learnedcounsel for the parties has placed before the courtCircular No.17 of 2019 of Government of India, Ministryof Finance, Department of Revenue, Central Board ofDirect Taxes enhancing monetary limit for filing ofappeals by the Department before the Income Tax Priya Soparkar 27 itxa 624-08-o Appellate Tribunal, High Court and before the SupremeCourt. In so far filing of appeal before the High Court isconcerned, the monetary limit is fixed at Rs.1 crore. Inother words, in any matter where the tax effect would beless than Rs.1 crore, Department would not preferappeal and in cases where appeal had been preferred,those would stand withdrawn subject to the conditionsmentioned in the circular itself. 3.In the present appeal it is submitted that the taxeffect would be less than Rs.1 crore. effect would be less than Rs.1 crore. 4.Accordingly, appeal is disposed of. 5.However, it is made clear that in case learnedstanding counsel revenue is informed by the Departmentthat the appeal is not covered by the aforesaid circular,he would be at liberty to move the court for recall of thisorder. standing counsel revenue is informed by the Departmentthat the appeal is not covered by the aforesaid circular,he would be at liberty to move the court for recall of thisorder. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) …. ….