Txa/41/2018 Of The Principal Commissioner Of Income Tax, Panaji v. The Quepem Urban Co-Operative Credit Society Ltd

1 txa41-18-11-10-18 Santosh IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO.41 OF 2018 The Principal Commissioner of Income Tax. …... Appellant. Versus. The Quepem Urban Co-operative Credit Society Ltd. …... Respondent. Ms. Susan Linhares, Standing Counsel for the Appellant. Mr. S.R. Rivankar, with Mr. Rama Rivankar, Advocate for theRespondent. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ. Date : 11 October 2018. P.C.: In this Appeal, the tax effect shown by the Appellant-Revenue is below 50.00 lakhs. In view of the CBDT Circular₹dated 11 July 2018, pursuant to the National Litigation Policy theIncome Tax Department has decided to withdraw the Appeals wherethe tax effect is below 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 txa41-18-11-10-18 Revenue to take written instructions. In fact, we had suggested thatthey should form a team to examine the matters. The learnedStanding Counsel states that no specific instructions have beenreceived from the Appellant so far, as to whether this Appeal also fallsin any of the exceptions provided in the CBDT Circular. The taxeffect in this Appeal is below the stipulated limit in the Circular. Wehad adjourned the matter from time to time along with several othersand this exercise cannot be undertaken again and again. Therefore,we dispose of this Appeal, giving liberty to the Appellant to seekrevival of the Appeal within a reasonable time, if upon examinationit is found that the Appeal falls in one of the exceptions and,therefore needs to be pursued inspite of the tax effect being below ₹50.00 lakhs. In view of the fact that the policy is to reduce thelitigation, such a decision be taken within a period of six weeks. 4. 4.With the above observations, the Appeal is disposed of.We are also informed that a Public Interest Litigation is pending inthe Supreme Court challenging the CBDT Circular dated 11 July2018. The disposal of the Appeal is also subject to the outcome ofthe said public interest litigation. Prithviraj K. Chavan, J. N.M. Jamdar, J.