The High Court Bench dismissed the Appeals as not pressed by the Revenue, following a 2015 CBDT Circular imposing monetary limits on Income Tax Appeals.
Appeals 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.
3924-09-itxa-c=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 3924 OF 2009 WITH
INCOME TAX APPEAL NO. 3925 OF 2009
The Director of Income-Tax (International Taxation)
.. Appellant
v/s.
Shri. Gangaram Jatwani
..Respondent
Mr. Suresh Kumar for the appellant Mr. Arun Damodar for the respondent
CORAM : M.S. SANKLECHA & B.P. COLABAWALLA, J.J.
DATED : 4th MARCH, 2016.
P.C.
1 of 3
Uday S. Jagtap
3924-09-itxa-c=.doc
“3:- Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:-
| Sr. | Appeals in Income Tax matters | Monetary Limit |
|---|---|---|
| No. | (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.”
“5. ….....….. However, in case of a composite order of any High Court or appellate authority, which involves more than one assessment year and common issues in more than one assessment year, appeal shall be filed in respect of all such assessment years even if the 'tax effect' is less than the prescribed monetary limits in any of the year(s), if it is decided to file appeal in respect of the year(s) in which 'tax effect' exceeds the monetary limit prescribed. In case where a composite order / judgment involves more than one assessee, each assessee shall be dealt with separately.”
“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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
2 of 3
Uday S. Jagtap
3924-09-itxa-c=.doc
| Appeal No. | Assessment Year | Amount (Tax effect) |
|---|---|---|
| 3924 of 2009 | 2001-02 | 8.62 lakhs |
| 3925 of 2009 | 2000-01 | 1.41 lakhs |
(B.P. COLABAWALLA, J.)
(M.S. SANKLECHA, J.)
3 of 3
Uday S. Jagtap
The Director of Income-Tax (International Taxation)
Shri. Gangaram Jatwani
M.S. Sanklecha
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
