The Revenue appellant withdrew and did not press the Income Tax Appeal after invoking CBDT Circular No.21 of 2015, which capped High Court appeals at Rs.20 lakhs. The appeal was dismissed as not pressed, and court fees were ordered to be refunded.
Court fees to be refunded as per Rules.
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.
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928.itxa-436.13.doc
Sbw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.436 OF 2013
The Commissioner of Income Tax-3 ..Appellant Versus
Hansdhwani Trading Company Pvt. Ltd.
..Respondent
Ms. Padma Divakar for the Appellant. Mr. P. C. Tripathi i/b. Raj Darak for the Respondent.
CORAM: M. S. SANKLECHA & A. K. MENON, JJ.
DATE : 6th 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:-
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928.itxa-436.13.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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
Wadhwa
1 issue framed by the court
Whether the appeal should be pressed given the tax effect of Rs.15.83 lakhs falls within the monetary limit prescribed by the CBDT Circular No.21 of 2015 for High Court appeals.
The Commissioner of Income Tax-3
Hansdhwani Trading Company 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
