Tax Appeal v. M/S. Philcorp Holdings Ltd., …

Amrut 1 TXA64-08dt 26-10-2018 IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO.64 OF 2008 The Commissioner of Income Tax…Appellant Versus M/s. Philcorp Holdings Ltd., …. Respondent Ms. A. Razaq holding for Ms. S. Linhares, Standing Counsel for theAppellant. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ. Date : 26 October 2018. P.C. : This appeal has tax effect of Rs.4 lakhs. The appeal waslisted on board in view of the CBDT Circular dated 11 July 2018. On27 August 2018, the learned Standing Counsel had sought time totake instructions. No instructions apparently have been received bythe learned Standing Counsel from the Appellant. The CBDTCircular dated 11 July 2018 stipulates that if the tax effect is belowRs.50 lakhs, as per the policy, the appeal is not to be pursued. Thereare however certain exceptions to the tax effect below Rs.50 lakhs to Amrut 2 TXA64-08dt 26-10-2018 pursue the appeal. But so far we have not informed as to whether theappeal falls in any of the exceptions provided in the CBDT Circular.In view of the fact that the policy is to reduce the litigations, we are ofthe opinion that the appeal can be disposed of by giving liberty to theAppellant-Revenue if upon examination it is found that the appealfalls in one of the exceptions to revive the appeal. The appeal standsdisposed of in view of the CBDT Circular dated 11 July 2018 withthe liberty as above. The application for restoration, if any, will be filedwithin six weeks from today. Prithviraj K. Chavan, J.N.M. Jamdar, J.