Dismissed

The Commissioner of Income TAX-1 Mumbai v. M/S. Thomas Cook (India) Ltd. Mumbai

Bombay HC23 Feb 2016ITXA/2344/2009

Case brief

AI extract

What is this about?

This order dismisses the Income Tax Appeal filed for Assessment Year 2002-03 because the learned Counsel for the Appellant chose not to press the appeal. The non-pressing of the appeal was based on the tax effect of Rs. 9.40 lakhs falling below the monetary limit specified in the Revenue's Circular No. 21 of 2015.

What did the court decide?

Appeal is dismissed as not pressed. Refund of Court Fees as per Rules.

The Commissioner of Income TAX-1 Mumbai Vs M/S. Thomas Cook… — Income Tax | Bombay HC (2016)

¶1

2344-09-itxa=.doc

¶2

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

¶3

INCOME TAX APPEAL NO. 2344 OF 2009

¶4

The Commissioner of Income Tax-1, Mumbai

¶5

.. Appellant

¶6

v/s.

¶7

M/s. Thomas Cook (India) Ltd.

¶8

..Respondent

¶9

Mr. P.C. Chhotaray for the appellant Mr. Atul Jasani for the respondent

¶10

CORAM : M.S. SANKLECHA & B.P. COLABAWALLA, J.J.

¶11

DATED : 23^rd FEBRUARY, 2016.

¶12

P.C.

¶13

This Appeal relates to Assessment Year 2002-03.

¶14

Mr. Chhotaray, 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 invited to paragraphs 3 and 10 therein which read as under:-

¶15

“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

2344-09-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/-

¶20

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.”

¶21

“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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”

¶22