Appeal dismissed as not pressed by learned Counsel for the Revenue. Reliance placed on Circular No.21 of 2015 which sets monetary limits for filing appeals in Income Tax matters by the High Court at Rs. 20,00,000. Refund of Court Fees allowed.
Appeal dismissed as not pressed. Refund of Court Fees allowed 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.
711-14-itxa=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 711 OF 2014
The Commissioner of Income Tax-19, Mumbai
.. Appellant
v/s.
M/s. Chaudhary Enterprises ..Respondent
Mr. Ashok Kotangle i/b Ms. Padma Divakar for the appellant None for the respondent
CORAM : M.S. SANKLECHA & G.S. KULKARNI, J.J.
DATED : 5th OCTOBER, 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
711-14-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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
(G.S. KULKARNI, J.)
(M.S. SANKLECHA, J.)
2 of 2
Uday S. Jagtap
1 issue framed by the court
Whether an income tax appeal should be allowed where the learned Revenue Counsel does not press the appeal relying on Circular No.21 of 2015 due to tax effect being within monetary limits.
1 provisions across 1 enactments
Commissioner of Income Tax-19, Mumbai
M/s. Chaudhary Enterprises
M.S. Sanklecha
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
