The income tax appeal framed for Assessment Year 2000-01 was dismissed as not pressed by the Revenue counsel relying on Circular No.21 of 2015 which discourages filing appeals where tax effect does not exceed specified monetary limits.
The appeal was dismissed as it was not pressed by the appellant.
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.
1611-15-itxa-l=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO. 1611 OF 2015
The Principal Commissioner of Income Tax-4, Pune
.. Appellant
v/s.
C.P. Mohandas ..Respondent
Mr. Suresh Kumar a/w Ms. Samiksha Kanani for the appellant Mr. Mihir Naniwadekar for the respondent
CORAM : M.S. SANKLECHA &
B.P. COLABAWALLA, JJ. DATED : 11th MARCH, 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
1611-15-itxa-l=.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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
(B.P. COLABAWALLA, J.) (M.S. SANKLECHA, J.)
2 of 2
Uday S. Jagtap
1 issue framed by the court
whether the appeal should be pressed in view of Circular No.21 of 2015 regarding monetary limits for income tax appeals.
1 provisions across 1 enactments
The Principal Commissioner of Income Tax-4, Pune
C.P. Mohandas
M.S. Sanklecha
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
