The Pr. Commissioner Of Income Tax-5, Pune … v. Mather And Platt Pumps Limited …

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (IT) NO.1603 OF 2017 The Pr. Commissioner of Income Tax-5, Pune…AppellantVs.Mather and Platt Pumps Limited…Respondent Mr. Sham Walve a/w. Mr. P. Chatterji for Appellant. CORAM : UJJAL BHUYAN,MILIND N. JADHAV, JJ.DATE :FEBRUARY 05, 2020 P.C.: Heard Mr. Walve, learned standing counsel Revenue for theappellant. 2.This appeal has been preferred under Section 260-A of the IncomeTax Act, 1961 against the order dated 21.10.2016 passed by the IncomeTax Appellate Tribunal, Pune Bench "A", Pune in I.T.A.No.1526/PN/2011 for the assessment year 2004-05. 3.It is submitted that the disputed tax effect in the present appeal isRs.40,55,000.00, which is below the enhanced prescribed limit as perC.B.D.T. Circular No.17 of 2019 dated 08.08.2019. 4.However, Mr. Walve submits that he has not received anyinstructions for withdrawal of the appeal. 5.Be that as it may, considering the fact that the disputed tax effectis below the prescribed limit, the appeal is dismissed on withdrawal. 6.However, if the appellant finds that the appeal is within any of theexceptions under the aforesaid Circular, it would be open to theappellant to seek revival of the appeal. 7.Court fee paid to be refunded as per Rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.)