The High Court dismissed Income Tax Appeals for tax years 1997-98 and 1998-99. The appeals were withdrawn by the Revenue counsel citing Circular No. 21 of 2015 due to the tax effect being below the monetary limit. The court recorded the withdrawal and dismissed the appeals as not pressed.
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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.
ITXA771.04
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 771 OF 2004 WITH INCOME TAX APPEAL NO.772 OF 2004
The Commissioner of Income Tax, Central III, Mumbai v/s
… Appellant
Shri Sanjay Narang, Mumbai 400 004 … Respondent
Mr Suresh Kumar for Appellant. None for Respondent.
CORAM : M.S. SANKLECHA AND B.P. COLABAWALLA JJ.
DATE : 07th JANUARY, 2016
P.C.:-
1998-99.
“3. Henceforth, appeals / SLPs shall not be filed in
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ITXA771.04
2
cases where the tax effect does not exceed the monetary limits given hereunder :-
| Sr.No. | Appeals in Income Tax matters | MonetaryLimit(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 years, 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) 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn / not pressed.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.”
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3 ITXA771.04
(B.P.COLABAWALLA, J.) (M.S. SANKLECHA, J.)
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1 provisions across 1 enactments
Commissioner of Income Tax, Central III, Mumbai
Shri Sanjay Narang
M.S. Sanklecha
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
