Income Tax Appeal for AY 2005-06 dismissed as Revenue did not press it based on CBIC Circular No.21 of 2015 which disallowed filing appeals below a certain monetary threshold.
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.
155-11-ITXA=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 155 OF 2011
The Commissioner of Income Tax-13, Mumbai .. Appellant
v/s.
M/s. Unique Enterprises ..Respondent
Mr. Suresh Kumar i/b Mr. P.C. Chhotaray for the appellant Mr. Subhash Shetty for the respondent
CORAM : M.S. SANKLECHA & A.K. MENON, J.J.
DATED : 27th JULY, 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
155-11-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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
(A.K. MENON, J.)
2 of 2
Uday S. Jagtap
The Commissioner of Income Tax-13, Mumbai
M/s. Unique Enterprises
M.S. Sanklecha
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
