The High Court of Bombay dismissed an Income Tax Appeal filed by the Commissioner of Income Tax against M/s. Gundecha Builders. The revenue counsel did not press the appeal as the tax effect of Rs. 9.54 lakhs fell below the monetary limit prescribed in Circular No.21 of 2015.
Appeal dismissed as not pressed; refund of Court Fees directed.
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.
1419-11-itxa=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 1419 OF 2011
The Commissioner of Income Tax-24, Mumbai .. Appellant
v/s.
M/s. Gundecha Builders ..Respondent
Mr. Abhay Ahuja for the appellant Ms. Asifa Khan for the respondent
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
1419-11-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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
(B.P. COLABAWALLA, J.) (M.S. SANKLECHA, J.)
2 of 2
Uday S. Jagtap
1 issue framed by the court
Whether the Income Tax Appeal under Article 226 of the Constitution should be allowed despite the tax effect falling below monetary limits prescribed in Circular No.21 of 2015.
1 provisions across 1 enactments
Commissioner of Income Tax-24, Mumbai
M/s. Gundecha Builders
M.S. Sanklecha
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
