Dismissed

The Commissioner of Income TAX-9, Mumbai. v. M.S. Om. Shanti Co-Op. Hsg. Soc. Ltd.,Mumbai.

Bombay HC27 Jul 2016ITXA/160/2011

Case brief

AI extract

What is this about?

This court dismissed the Income Tax Appeal as not pressed by the Revenue. The appeal was withdrawn because the tax effect of Rs. 18.40 lakhs fell below the monetary limit for filing appeals before the High Court under Circular No. 21 of 2015.

What did the court decide?

Appeal is dismissed as not pressed. Refund of Court Fees ordered.

The Commissioner of Income TAX-9, Mumbai. Vs M.S. Om. Shanti… — Income Tax | Bombay HC (2016)

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160-11-ITXA=.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INCOME TAX APPEAL NO. 160 OF 2011

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The Commissioner of Income Tax-19, Mumbai .. Appellant

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v/s.

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M/s. Om Shanti CO-op. HSG Soc. Ltd.

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..Respondent

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Mr. Suresh Kumar a/w. Ms. Samiksha Kanani for the appellant Mr. Subhash Shetty for the respondent

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CORAM : M.S. SANKLECHA & A.K. MENON, J.J.

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DATED : 27^th JULY, 2016.

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P.C.

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This Appeal relates to Assessment Year 1999-2000.

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Mr. Suresh Kumar, learned Counsel appearing for the Revenue invited our attention to Circular No.21 of 2015 issued by the Central Board for Direct Tax dated 10^th December, 2015. In particular, our attention is invited to paragraphs 3 and 10 therein which read as under:-

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“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

160-11-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/-

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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.”

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“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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In the present case, the tax effect is Rs.18.40 lakhs as mentioned in paragraph 10 of the Appeal Memo.

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In view of the above, Mr. Suresh Kumar, learned Counsel appearing for the Revenue does not press the present Appeal.

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Accordingly, Appeal is dismissed, as not pressed.

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Refund of Court Fees, as per Rules.

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(A.K. MENON, J.)

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2 of 2

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Uday S. Jagtap

The Commissioner of Income TAX-9, Mumbai. v. M.S. Om. Shanti Co-Op. Hsg. Soc. Ltd.,Mumbai.

Case brief

What is this about?

What did the court decide?

The Commissioner of Income TAX-9, Mumbai. v. M.S. Om. Shanti Co-Op. Hsg. Soc. Ltd.,Mumbai.

Case brief

What is this about?

What did the court decide?

What the court decided

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