Wtxa/760/2014 Of The Commissioner Of Income Tax-Ii, Pune v. Smt. Villoo Noshir Anklesaria

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX APPEAL NO. 926 OF 2007ALONGWITHWEALTH TAX APPEAL NO. 927 OF 2007ALONGWITHWEALTH TAX APPEAL NO. 928 OF 2007ALONGWITHWEALTH TAX APPEAL NO. 929 OF 2007ALONGWITHWEALTH TAX APPEAL NO. 930 OF 2007ALONGWITHWEALTH TAX APPEAL NO. 931 OF 2007 The Commissioner of Wealth Tax, Mumbai….Appellant V/s.Ramniklal R. Mehta…Respondent---- None for the parties. ---- ALONGWITH WEALTH TAX APPEAL NO. 1189 OF 2007 The Commissioner of Wealth Tax,Bombay City VI V/s.M/s. Hindalco Industries Ltd. ---- Mr. Suresh Kumar for Appellant.None for Respondent. ---- ….Appellant…Respondent ALONGWITHWEALTH TAX APPEAL NO. 1047 OF 2009ALONGWITHWEALTH TAX APPEAL NO. 1048 OF 2009 The Commissioner of Wealth Tax, V, Pune V/s.Finolex Cables Limited ….Appellant …Respondent ---- None for Appellant. Mr. Vishnu S. Hadade for Respondent. ---- ALONGWITHWEALTH TAX APPEAL NO. 1549 OF 2010ALONGWITHWEALTH TAX APPEAL NO. 1096 OF 2009 The Commissioner of Wealth Tax - 5 Mumbai V/s.M/s. Jindal Iron and SteelCo. Ltd. Mumbai ….Appellant …Respondent---- Mr. Suresh Kumar for Appellant.Mr. Atul K. Jasani for Respondent. ---- ALONGWITH WEALTH TAX APPEAL NO. 5511 OF 2010ALONGWITHWEALTH TAX APPEAL NO. 5512 OF 2010ALONGWITHWEALTH TAX APPEAL NO. 5513 OF 2010ALONGWITHWEALTH TAX APPEAL NO. 5514 OF 2010ALONGWITHWEALTH TAX APPEAL NO. 5537 OF 2010ALONGWITHWEALTH TAX APPEAL NO. 5541 OF 2010 The Commissioner of Wealth Tax,City XI, Mumbai V/s.Shantilal J. Jain Mr. Suresh Kumar for Appellant.Mr. K. Gopal for Respondent. ….Appellant …Respondent---- ---- ALONGWITHWEALTH TAX APPEAL NO. 5754 OF 2010 The Commissioner of Wealth Tax,V Pune V/s.Finolex Cables Ltd. None for Appellant. Mr. K. Gopal for Respondent. ---- ---- ….Appellant…Respondent ALONGWITHWEALTH TAX APPEAL NO. 70 OF 2011 The Commissioner of Wealth Tax, 6 Mumbai V/s. Hindalco Industries Ltd. None for the parties. ---- ---- ….Appellant…Respondent ALONGWITHWEALTH TAX APPEAL NO. 884 OF 2012 The Commissioner of Wealth Tax, City, XIII, Mumbai V/s.Rai Bahadur Kanwar Rajnath None for the parties. ---- ---- ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 82 OF 2013 The Commissioner of Wealth Tax,Central Pune V/s.Intervalve (India) Pvt. Ltd. ….Appellant…Respondent---- None for the Appellant. Mr. Vishnu S. Hadade for Respondent. ---- ALONGWITHWEALTH TAX APPEAL NO. 302 OF 2013 The Commissioner of Wealth Tax, Central II, Mumbai….Appellant V/s.Shahrukh Khan…Respondent ---- None for Appellant. Mr. Atul K. Jasani i/b. Subhash Shetty for Respondent. ---- ALONGWITH WEALTH TAX APPEAL NO. 2476 OF 2013 ALONGWITHWEALTH TAX APPEAL NO. 2269 OF 2013ALONGWITHWEALTH TAX APPEAL NO. 2262 OF 2013ALONGWITHWEALTH TAX APPEAL NO. 2265 OF 2013ALONGWITHWEALTH TAX APPEAL NO. 2270 OF 2013ALONGWITHWEALTH TAX APPEAL NO. 2258 OF 2013 Commissioner of Wealth Tax,Central II, Mumbai V/s.M/s. Bharat Insulation Company(I) Ltd., Thane ….Appellant …Respondent ---- None for the parties. ---- ALONGWITH WEALTH TAX APPEAL NO. 534 OF 2014 The Commissioner of Wealth Tax-2 V/s.Zensar Technologies Limited Mr. Suresh Kumar for Appellant.None for Respondent. ---- ---- ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 752 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 762 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 763 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 761 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 760 OF 2014 The Commissioner of Income Tax-IIPune V/s.Villoo Noshir Anklesaria ….Appellant …Respondent ---- ---- Mr. Suresh Kumar for Appellant.Mr. Ruturaj H. Gurjar for Respondents. Commissioner of Wealth Tax,Central II, Mumbai V/s.M/s. Bharat Insulation Company(I) Ltd., Thane ….Appellant …Respondent ---- None for the parties. ---- ALONGWITH WEALTH TAX APPEAL NO. 534 OF 2014 The Commissioner of Wealth Tax-2 V/s.Zensar Technologies Limited Mr. Suresh Kumar for Appellant.None for Respondent. ---- ---- ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 752 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 762 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 763 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 761 OF 2014ALONGWITHWEALTH TAX APPEAL NO. 760 OF 2014 The Commissioner of Income Tax-IIPune V/s.Villoo Noshir Anklesaria ….Appellant …Respondent ---- ---- Mr. Suresh Kumar for Appellant.Mr. Ruturaj H. Gurjar for Respondents. ALONGWITHWEALTH TAX APPEAL NO. 630 OF 2015ALONGWITHWEALTH TAX APPEAL NO. 823 OF 2015ALONGWITHWEALTH TAX APPEAL NO. 822 OF 2015ALONGWITHWEALTH TAX APPEAL NO. 631 OF 2015ALONGWITHWEALTH TAX APPEAL NO. 632 OF 2015 The Commissioner of Wealth Tax-17Mumbai V/s.Sushma Daga andChandrasekhar S. Daga ….Appellant …Respondents---- None for Appellants. Mr. Sudhir Mehta a/w Ms. Ishita Y. Shah and Mr. Bhaskar Bhagat i/b IshitaYash Shah for Respondent/Applicants in Cross Objections. ---- ALONGWITHWEALTH TAX APPEAL NO. 840 OF 2015ALONGWITHWEALTH TAX APPEAL NO. 881 OF 2015 The Commissioner of Wealth Tax-1Mumbai V/s. M/s. Forbes And Company Ltd. Mr. Suresh Kumar for Appellant. Mr. Atul K. Jasani for Respondent. ---- ---- ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 1182 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITHCROSS OBJECTION LODGING NO. 15 OF 2018INWEALTH TAX APPEAL NO. 1182 OF 2015 M/s. Hastiraj Premises P. Ltd. V/s. The Principal Commissioner of Wealth Tax-2 Mumbai ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 1184 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITH CROSS OBJECTION LODGING NO. 13 OF 2018 IN WEALTH TAX APPEAL NO. 1184 OF 2015 M/s. Hastiraj Premises P. Ltd. ….Appellant V/s. The Principal Commissioner of Wealth Tax-2 Mumbai…Respondent ALONGWITH WEALTH TAX APPEAL NO. 1201 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITH CROSS OBJECTION LODGING NO. 17 OF 2018INWEALTH TAX APPEAL NO. 1201 OF 2015 M/s. Hastiraj Premises P. Ltd. V/s. The Principal Commissioner of Wealth Tax-2 Mumbai ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 1186 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITHCROSS OBJECTION LODGING NO. 14 OF 2018INWEALTH TAX APPEAL NO. 1186 OF 2015 M/s. Hastiraj Premises P. Ltd. V/s. The Principal Commissioner of Wealth Tax-2 Mumbai ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 1202 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITH CROSS OBJECTION LODGING NO. 10 OF 2018INWEALTH TAX APPEAL NO. 1202 OF 2015 M/s. Hastiraj Premises P. Ltd. V/s. The Principal Commissioner of Wealth Tax-2 Mumbai ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 1194 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITHCROSS OBJECTION LODGING NO. 9 OF 2018IN WEALTH TAX APPEAL NO. 1194 OF 2015 M/s. Hastiraj Premises P. Ltd. ….Appellant V/s.The Principal Commissioner of Wealth Tax-2 Mumbai …Respondent---- ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 1202 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITH CROSS OBJECTION LODGING NO. 10 OF 2018INWEALTH TAX APPEAL NO. 1202 OF 2015 M/s. Hastiraj Premises P. Ltd. V/s. The Principal Commissioner of Wealth Tax-2 Mumbai ….Appellant …Respondent ALONGWITHWEALTH TAX APPEAL NO. 1194 OF 2015 The Principal Commissioner of Wealth Tax-2 Mumbai V/s. M/s. Hastiraj Premises P. Ltd. ….Appellant …Respondent ALONGWITHCROSS OBJECTION LODGING NO. 9 OF 2018IN WEALTH TAX APPEAL NO. 1194 OF 2015 M/s. Hastiraj Premises P. Ltd. ….Appellant V/s.The Principal Commissioner of Wealth Tax-2 Mumbai …Respondent---- Mr. Suresh Kumar for Appellant in WTXA No. 1182/2015, WTXA No. 1184/2015, WTXA No. 1184/2015, WTXA No. 1201/2015, WTXA No. 1186/2015, WTXA No. 1202/2015, WTXA No. 1194/2015 and for Respondent in CROL/15/2018, CROL/13/2018, CROL/17/2018, CROL/14/2018, CROL/10/2018, CROL/9/2018.Ms. Aasifa K. Khan for Respondent in Wealth Tax Appeals and for Applicantsin Cross-objections. CORAM : K.R. SHRIRAM &ABHAY AHUJA, JJ. DATED : 9[th] AUGUST 2021 P.C. : 1.Heard Mr. Suresh Kumar and Mr. Gopal. 2.These are Wealth Tax Appeals where the tax effect that wouldhave been chargeable is less than Rs.1 Crore. 3.Government of India, Ministry of Finance, Department ofRevenue, Central Board Direct Taxes (CBDT) had issued a Circular No.3 of2018 dated 11/07/2018, whereby, in suppression of Board’s Circular No.21of 2015, the board decided that departmental appeals filed on merits beforeIncome Tax Appellate Tribunal, High Court and SLPs/appeals before theSupreme Court where the tax effect does not exceed monetary limits givenin the circular should not be filed or where it has been filed the same bewithdrawn or be not pressed. 4.Circular No.3 of 2018 was amended on 08/08/2019 wherebythe monetary limits or the tax effect was enhanced to Rs.50 Lakhs beforeAppellate Tribunal, Rs.1 Crore before the High Court and Rs.2 Crores beforethe Supreme Court. 5.The CBDT Judicial Section issued on 05/02/2019 Circular No. 5of 2019 in which paragraph no.2 reads as under : “2. There is no charge under Wealth Tax Act, 1957 w.e.f. 1[st]April, 2016. Therefore, as a step towards litigationmanagement, it has been decided by the Board that monetarylimits for filing of appeals in Income tax cases as prescribed inPara 3 of the Circular shall also apply to Wealth Tax appealsthrough extension of the Circular to Wealth tax matters in amutatis mutandis manner and with modifications asprescribed hereunder.” 6.Since the Circular No.5 of 2019, in paragraph no.2 quotedabove, provides that the monetary limits for filing appeals in income taxcases as prescribed in paragraph no.3 of Circular No.3 of 2018 dated11/07/2018 shall also apply to Wealth Tax Appeals through extension of thecircular to wealth tax matters in mutatis mutandis manner, in our view, inview of Circular No.17 of 2019, by which only the monetary limits given inCircular No.3 of 2018 as amended on 08/08/2019 was increased (and it isnot in supersession of Circular No.3 of 2018) the tax effects mentionedtherein shall also stand applicable to Wealth Tax Appeals. 7.In view there of, the appeals mentioned above are disposed aswithdrawn/not pressed for. 8.Mr. Suresh Kumar submits that in case the revenue is instructedby the department that the appeal is not covered by the aforesaid circular tothe extent of exemption mentioned in paragraph no.10 of Circular No.3 of2018 as amended on 08/08/2019, then he should be at liberty to move thecourt for recalling of this order on case to case basis. Ordered accordingly. 9.Refund of court fee, if any, be paid in accordance with rules. SR No.27 10.In view of the above, all Cross Objections are are also dismissed as withdrawn. (ABHAY AHUJA, J.) (K.R. SHRIRAM, J.)