The Pr. Commissioner Of Income-Tax-21 v. M/S. Reform Creation

Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 617 OF 2015 The Pr. Commissioner of Income-Tax-21 …Appellant Versus M/s. Reform Creation …Respondent ---------- Mr. A.R. Malhotra, a/w Ms. Padma Divakar, for the Appellant. ---------- CORAM :M.S. SANKLECHA &RIYAZ I. CHAGLA, JJ. ORDER : DATE : 9 January 2018 1.This Appeal relates to Assessment Year 2008-09. 2.Mr. Malhotra, learned Counsel appearing for theRevenue invited our attention to Circular No. 21 of 2015 issued by the Central Board for Direct Tax dated 10 December2015. In particular, our attention is invited to paragraph Nos. 3and 10 therein, which read as under:- 1/3 “3 : Henceforth, appeals/SLPs shall not be filed in cases3 : Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetarylimits given hereunder:-limits given hereunder:- S. No.Appeals in Income Tax mattersMonetary Limit(in Rs.)1Before Appellate Tribunal10,00,000/-2Before High Court20,00,000/-3Before Supreme Court25,00,000/- It is clarified that an appeal should not be filedmerely because the tax effect in a case exceeds themonetary limits prescribed above. Filing of appeal insuch cases is to be decided on merits of the case.” 10 : This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in HighCourts/ Tribunals. Pending appeals below thespecified tax limits in para 3 above may bewithdrawn/not pressed. Appeals before the SupremeCourt will be governed by the instructions on thisCourts/ Tribunals. Pending appeals below thespecified tax limits in para 3 above may bewithdrawn/not pressed. Appeals before the SupremeCourt will be governed by the instructions on this 2/3 6-ITXA-617-15.doc subject, operative at the time when such appeal wasfiled.” 3.The tax effect involved in this Appeal is Rs. 19.95Lakhs. Therefore, the present Appeal is being withdrawn by Mr.Malhotra, learned Counsel for the Revenue, in view of CircularNo. 21 of 2015 issued by the Central Board Direct Taxes dated10 December 2015 on instructions. 4.Accordingly, the present Appeal is dismissed, aswithdrawn. 5.Refund of Court Fees, as per Rules. [RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 3/3