Itxa/6629/2010 Of The Commissioner Of Income-Tax-9,Mumbai v. M/S. Bezel Pharma Pvt. Ltd., Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6629 OF 2010WITHINCOME TAX APPEAL NO.6630 OF 2010 Commissioner of Income Tax-9VersusM/s. Bezel Pharma Pvt. Ltd. ..Appellant ..Respondent ........... Mr. Suresh Kumar for the Appellant.Mr. Vishnu Hadade for the Respondent. ........... CORAM: M. S. SANKLECHA & A. K. MENON, JJ. DATE : 2ND MAY, 2016 P.C.: 1.These two Appeals relate to Assessment Years 2004-05 and 2005-06 arising from a common impugned order dated 12[th] March, 2010 for the A.Y. 2004-05 and 2005-06. 2.Mr. Suresh Kumar, 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 “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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.” 4.As none of the two appeals have a tax effect of Rs.20,00,000/- or more, Mr. Suresh Kumar, learned Counsel appearing for the Revenue does not press any of the two Appeals. 5.Accordingly, both the Appeals are dismissed, as not pressed. 6. Refund of Court Fees, as per Rules. (A. K. MENON, J.) (M. S. SANKLECHA, J.) Wadhwa