Pr.commissioner Of Income Tax-1 v. Syngenta India Ltd

Digitallysigned byIN THE HIGH COURT OF JUDICATURE AT BOMBAYTRUSHATRUSHATUSHARTUSHARMOHITEMOHITEDate:2023.07.11ORDINARY ORIGINAL CIVIL JURISDICTION10:25:40+0530TRUSHATRUSHATUSHARTUSHARMOHITEMOHITEDate:2023.07.11ORDINARY ORIGINAL CIVIL JURISDICTION10:25:40+0530 INCOME TAX APPEAL NO.330 OF 2018 Pr.Commissioner of Income Tax-1 ….. Appellant Vs. Syngenta India Ltd. ….. Respondents Mr.Suresh Kumar for the appellant Mr.Nitesh Joshi i/b Mr.Atul K. Jasani for the respondents CORAM:K.R. SHRIRAM, J &FIRDOSH P. POONIWALLA, J.DATED :5TH JULY 2023 P.C. 1.On 10[th] June 2022, following order came to be passed: “At the request of the learned Counsel for the Appellant,stand over to 23 June 2022. 2. The learned counsel for the Respondent contends thatthough the tax effect has been mentioned in the appealmemo as Rs.1372.76 lakhs, the assessment would showthat the tax effect involved in this Appeal will be less thanRs.1.00 lakh. The learned Counsel for the Appellant statesthat he will take instructions on this aspect as well.” Mr.Jasani states that Rs.1.00 lakh mentioned in paragraph 2 is to be read as Rs.1.00 crore. 2. On 23[rd] June 2022, following order came to be passed: “The learned counsel for the appellant shall takeinstructions in terms of the order dated 10[th] June 2022,positively. 2. List on 18[th] August 2022.” On 15[th] December 2022, following order came to be passed: “Mr.Kumar, learned counsel for the Appellant seekssome time to have instructions in this case in terms of theOrder dated 23 June 2022. 2. List on 16 February 2023.” On 21[st] June 2023, following order came to be passed: “At the request of the learned Counsel for the Appellant,stand over to 05/07/2023.” 3. Mr.Joshi tenders a statement showing the tax effect to be only Rs.82,62,570/-which is less than Rs.1.00 crore. The same is takenon record and marked ‘X’ for identification. 4.Since Mr.Suresh Kumar has not been receiving instructions he requests that leave be granted to withdraw the Appeal with libertyto file fresh Appeal in case the department is able to show that thetax effect is more than Rs.1.00 crore. 5.Appeal is dismissed as withdrawn with liberty to approach theCourt to restore the Appeal, provided, at the time of applying forrestoration, appellant is able to show by way of affidavit detailedcalculation explaining why the tax effect will be more than Rs.1.00crore. (FIRDOSH P.POONIWALLA, J.) (K.R. SHRIRAM, J.)