The High Court dismissed two income tax appeals filed by the Revenue because the learned counsel for the Revenue did not press the appeals, citing the monetary limit thresholds under CBIC Circular No. 21 of 2015.
Both appeals were dismissed as not pressed.
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.
9.i1257.14.doc
hcs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1317 OF 2014
WITH
INCOME TAX APPEAL NO.1257 of 2014
Commissioner of Income Tax-16, Mumbai .. Appellant v/s. Smt. Laxmi Mani Aiyar .. Respondent
Mr.A.R. Malhotra with Mr.N.A. Kazi for the appellant. Mr. J. Sanghavi i/b PDS Legal for the respondent.
CORAM : M.S. SANKLECHA & A.K. MENON, JJ.
DATED : 20TH DECEMBER 2016.
P.C.
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9.i1257.14.doc
“3:- Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:-
| Sr. | Appeals in Income Tax matters | Monetary Limit |
|---|---|---|
| No. | (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.”
“5. ….....….. However, in case of a composite order of any High Court or appellate authority, which involves more than one assessment year and common issues in more than one assessment year, appeal shall be filed in respect of all such assessment years even if the 'tax effect' is less than the prescribed monetary limits in any of the year(s), if it is decided to file appeal in respect of the year(s) in which 'tax effect' exceeds the monetary limit prescribed. In case where a composite order / judgment involves more than one assessee, each assessee shall be dealt with separately.”
“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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
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9.i1257.14.doc
| Appeal No. | Assessment Year | Amount (Tax effect) |
|---|---|---|
| 1317 of 2014 | 2007-08 | 7.70 lakhs |
| 1257 of 2014 | 2009-10 | 11.49 lakhs |
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Commissioner of Income Tax-16, Mumbai
Smt. Laxmi Mani Aiyar
M.S. Sanklecha
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
