The Commissioner Of Income Tax v. The Vividha Urban Co-Op. Credit

mukund 1 txa49.17dt.12-10-2018 IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO. 49 OF 2017 The Commissioner of Income Tax, …PanajiAppellant. Versus The Vividha Urban Co-op. Credit Society Ltd. …. Respondent Ms. Amira Abdul Razaq, Standing Counsel for the Appellant. Mr. S.R.Rivankar, Advocate with Mr. Rama Rivankar, Advocate forthe Respondent no.2. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ. Date : 12 October 2018. P.C. : In this Appeal, the tax effect is shown by the Appellant-Revenue as Rs.23,44,854/-. In view of the CBDT Circular dated 11July 2018, pursuant to the National Litigation Policy the Income TaxDepartment has to withdraw the Appeals where the tax effect is belowRs.50,00 lakhs. The Circular also had given the date of 20 August2018 to the Commissioner to take a decision. mukund 2 txa49.17dt.12-10-2018 2.In view of this policy, the Tax Appeals where placed on theboard on 28 August 2018, and 6 September 2018 to enable theRevenue to take the written instructions. In fact, we had suggestedthat they should form a team to examine the matters. 3.The learned Standing Counsel states that no specificinstructions have been received from the Appellant so far, as towhether this Appeal also falls in any of the exceptions provided in theCBDT Circular. The tax effect in this Appeal is below the stipulatedlimit in the Circular. We had adjourned the matter from time to timealong with several others and this entire exercise cannot be undertakenagain and again. We dispose of this Appeal, giving liberty to theAppellant to seek revival of the Appeal, if upon examination it isfound that the Appeal falls in one of the exceptions and, thereforeneeds to be pursued inspite of the tax effect being below Rs.50,00lakhs. In view of the fact that the policy is to reduce the litigation,such a decision be taken within a period of six weeks. 4.With the above observations, the Appeal is disposed of. 5.We are also informed that a Public Interest Litigation ispending in the Supreme Court challenging the CBDT Circular dated mukund 3 txa49.17dt.12-10-2018 11 July 2018. The disposal of the Appeal is subject to the outcome ofthe said public interest litigation. Prithviraj K. Chavan, J.N.M. Jamdar, J.