This is an Income Tax Appeal where the appellant sought to rely on a Central Board circular imposing monetary limits on filings. The High Court dismissed the appeal because the Revenue did not press it, given the tax effect fell below the specified limit.
Appeal dismissed as not pressed. Refund of Court Fees granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1157-13-itxa=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 1157 OF 2013
The Commissioner of Income Tax-II, Pune
.. Appellant
v/s.
M/s. Ramsukh Properties ..Respondent
Mr. Vipul A. Bajpayee for the appellant
CORAM : M.S. SANKLECHA & B.P. COLABAWALLA, JJ.
DATED : 11th MARCH, 2016.
P.C.
“3:- Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:-
1 of 2
Uday S. Jagtap
1157-13-itxa=.doc
| S. No. | Appeals in Income Tax matters | Monetary Limit (in Rs.) |
|---|---|---|
| 1 | Before Appellate Tribunal | 10,00,000/- |
| 2 | Before High Court | 20,00,000/- |
| 3 | Before Supreme Court | 25,00,000/- |
It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such 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 High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”
2 of 2
Uday S. Jagtap
The Commissioner of Income Tax-II, Pune
M/s. Ramsukh Properties
M.S. Sanklecha
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
