The High Court dismissed the Income Tax Appeal not pressed by the appellant, relying on CBIC Circular No. 21/2015 which advises withdrawal of appeals where the tax effect is within specified monetary limits.
None. The appeal is dismissed as not pressed.
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.
248-11-ITXA=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 248 OF 2011
The Commissioner of Income Tax-5, Mumbai .. Appellant
v/s.
M/s. Kishore Bagai Transport P. Ltd. ..Respondent
Mr. Suresh Kumar i/b Abhay Ahuja for the appellant None 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
248-11-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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.)
(M.S. SANKLECHA, J.)
2 of 2
Uday S. Jagtap
Commissioner of Income Tax-5, Mumbai
M/s. Kishore Bagai Transport P. Ltd.
M.S. Sanklecha
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
