Txa/19/2018 Of The Principal Commissioner Of Income Tax, Panaji v. The Sahakar Urban Credit Coopertative Society Ltd

1 txa19-18-11-10-18 Santosh IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO.19 OF 2018 The Principal Commissioner of Income Tax. …... Appellant. Versus. The Sahakar Urban Credit Co-operative Society Ltd. …... Respondent. Ms. Amira Abdul Razaq, Standing Counsel for the Appellant. Mr. Gaurang D. Panandiker, Advocate for the Respondent. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ. Date : 11 October 2018. P.C.: In this Appeal, the tax effect is shown by the Appellant-Revenue as 48,88,210. In view of the CBDT Circular dated 11₹July 2018, pursuant to the National Litigation Policy the Income TaxDepartment has to withdraw the Appeals where the tax effect isbelow 50.00 lakhs. The Circular also had given the date of 20₹August 2018 to the Commissioner to take a decision. 2. In view of this policy, the Tax Appeals where placed onthe board on 28 August 2018, and 6 September 2018 to enable the 2 txa19-18-11-10-18 Revenue to take written instructions. In fact, we had suggested thatthey should form a team to examine the matters. 3. 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 totime along with several others and this entire exercise cannot beundertaken again and again. We dispose of this Appeal, giving libertyto the Appellant to seek revival of the Appeal, if upon examination itis found that the Appeal falls in one of the exceptions and, thereforeneeds to be pursued inspite of the tax effect being below 50.00₹lakhs. 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 dated11 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.