The Commissioner Of Income Tax, Delhi v. The Basti Sugar Mills Co. Ltd. Through: None

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ ITA 232/2005 THE COMMISSIONER OF INCOME TAX, DELHI ..... Appellant Through: Mr. Ruchir Bhatia, Advocate. Through: Mr. Ruchir Bhatia, Advocate. versus THE BASTI SUGAR MILLS CO. LTD. Through: None. ..... Respondent CORAM:HON’BLE MR. JUSTICE S. RAVINDRA BHAT HON’BLE MR. JUSTICE NAJMI WAZIRI % O R D E R01.03.2017 This Court had framed a question of law for consideration in this appeal. Given its pendency vide Circular No. 21/2015 dated 10.12.2015, the Central Board of Direct Taxes (CBDT) spelt out the monetary limits beyond which appeals could be preferred before the Income Tax Appellate Tribunal (ITAT), High Courts and SLP before the Supreme Court respectively. Clause 10 of the Circular reads as below:- “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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.” 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.” This Court notices that the tax effect i.e. upon the assessed income, is below the prescribed limit of `20,00,000/-. The present appeal cannot be, therefore, prosecuted and is no longer maintainable. It is, however, clarified that in the event, the Assessing Officer discerns any exception in terms of the said Circular, it is open to the Revenue to seek restoration of the concerned appeal by an appropriate application. The appeal is dismissed but in the above terms. S. RAVINDRA BHAT, J MARCH 01, 2017 /vikas/ NAJMI WAZIRI, J