The High Court dismissed the Income Tax Appeal filed by the Commissioner of Income Tax against an assessee for AY 2005-06. The appeal was dismissed because the Revenue counsel did not press the case, citing a circular limiting appeals on monetary grounds.
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.
2630-11-ITXA=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 2630 OF 2011
The Commissioner of Income Tax-I, Pune
.. Appellant
v/s.
Chetan Vithal Tupe
..Respondent
Mr. Vipul Bajpayee for the appellant
CORAM : M.S. SANKLECHA & S.C. GUPTE, J.J.
DATED : 23rd AUGUST, 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
2630-11-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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
(S.C. GUPTE, J.)
(M.S. SANKLECHA, J.)
2 of 2
Uday S. Jagtap
Commissioner of Income Tax-I, Pune
Chetan Vithal Tupe
M.S. Sanklecha
S.C. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
