Dismissed

The Commissioner of Income TAX-18 v. Shri Siddharth Mohan Sharma

Bombay HC10 Aug 2016ITXA/1916/2011

Case brief

AI extract

What is this about?

The Single Bench of the High Court of Bombay dismissed an Income Tax Appeal because the appellant's counsel voluntarily withdrew the appeal citing Circular No. 21 of 2015, which sets monetary limits for filing appeals, notwithstanding the tax effect being within the High Court's limit.

What did the court decide?

Appeal dismissed as not pressed by the appellant.

The Commissioner of Income TAX-18 Vs Shri Siddharth Mohan Sharma — Income Tax | Bombay HC (2016)

912.itxa-1916.11.doc

Sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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INCOME TAX APPEAL NO.1916 OF 2011

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Commissioner of Income Tax-18 ..Appellant Versus Siddharth Mohan Sharma ..Respondent

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

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

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DATE : 10^th AUGUST, 2016

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P.C.:

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This Appeal relates to Assessment block period from 1.4.1990 to 24.12.2000.

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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

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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:-

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912.itxa-1916.11.doc

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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.9.22 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.) (M. S. SANKLECHA, J.)

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wadhwa

The Commissioner of Income TAX-18 v. Shri Siddharth Mohan Sharma

Case brief

What is this about?

What did the court decide?

The Commissioner of Income TAX-18 v. Shri Siddharth Mohan Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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