Nma/291/2018 Of The Pr. Commissioner Of Income Tax-9 v. Bharti Retail Limited(Now Known As Future Retail Ltd)

Uday S. Jagtap THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 291 OF 2018 ININCOME TAX APPEAL (L) NO. 2934 OF 2017WITHINCOME TAX APPEAL (L) NO. 2934 OF 2017 Pr. Commissioner of Income Tax-9.. Applicant In the matter between Pr. Commissioner of Income Tax-9.. Appellant V/s.M/s. Bharti Retail Ltd. .. Respondent Mr. Tejveer Singh for the appellant Mr. Vipul Joshi for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. DATED : 26[th] JULY, 2018. P.C. 1.This Notice of Motion has been taken out in Income Tax Appeal(L) No.2934 of 2017. The appeal is not on board. At the request of theparties, the appeal is taken up for consideration along with this Noticeof Motion. This for the reason that Mr. Tejveer Singh underinstructions of the Deputy Commissioner of Income Tax-9(3)(2) seeksto withdraw the appeal as well as Notice of Motion filed in the appeal. 2.This Appeal relates to Assessment Year 2010-11. 2.Mr. Tejveer Singh, learned Counsel appearing for the Revenueinvited our attention to Circular No.3 of 2018 dated 11[th] July, 2018issued by the Central Board for Direct Tax (CBDT). The aboveCircular directs the Officers of the Revenue not to file appeals to theHigh Court where the tax effect does not exceed Rs.50 lakhs. It alsodirects its Officers to withdraw / not press its pending appeals wherethe tax effect is less than Rs.50 lakhs. This, of course, if it does not fallin the excluded class of appeals listed therein. 3.Our attention is invited to para 10 of the Appeal Memo, whichindicates that in this Appeal, the tax effect is Rs 47.39 lakhs. 4.In view of the Circular No.3 of 2018 dated 11[th] July, 2018 issuedby the CBDT, Mr. Tejveer Singh, learned Counsel appearing for theRevenue, on instructions, does not press the present Appeal. 5.Accordingly, Appeal and the motion are dismissed, as notpressed. pressed. 6.Refund of Court Fees, if any, as per Rules. (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)