High Court dismissed an Income Tax Appeal for Assessment Year 2007-08 as it was not pressed by the Revenue appellant, who cited the money limits laid down in CBDT Circular No. 21 of 2015.
Appeal dismissed as not pressed; Refund of Court Fees ordered.
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.
224-13-ITXA=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 224 OF 2013
The Commissioner of Income Tax-4
.. Appellant
v/s.
M/s. S.S.M. Securities Pvt. Ltd. ..Respondent
Mr. A.R. Malhotra a/w Mr. N.A. Kazi, Ms. Padma Divakar for the appellant None for the respondent
CORAM : M.S. SANKLECHA & A.K. MENON, J.J.
DATED : 14th DECEMBER, 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
224-13-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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.)
(M.S. SANKLECHA, J.)
2 of 2
Uday S. Jagtap
1 issue framed by the court
Whether the Income Tax Appeal should be decided on merits or dismissed as not pressed in light of the Central Board of Direct Tax circular on monetary limits.
The Commissioner of Income Tax-4
M/s. S.S.M. Securities Pvt. Ltd.
M.S. Sanklecha
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
