Revenue abandoned two income tax appeals due to tax effects being below the monetary limits specified in CBBDT Circular No.21 of 2015. The High Court dismissed the appeals accordingly.
Dismissal of the appeals as 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 860 OF 2013 WITH INCOME TAX APPEAL NO. 928 OF 2013
The Commissioner of Income-Tax-II Pune
.. Appellant
Chandan Shewani
..Respondent
Mr. Vipul Bajpayee for the appellant
CORAM : M.S. SANKLECHA &
B.P. COLABAWALLA, J.J.
th MARCH, 2016.
P.C.
“3:- Henceforth, appeals/SLPs shall not be filed in cases
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Uday S. Jagtap
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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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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
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| Appeal No. | Assessment Year | Amount (Tax effect) |
|---|---|---|
| 806 of 2013 | 2003-04 | 12 lakhs |
| 928 of 2013 | 2002-03 | 3.46 lakhs |
(B.P. COLABAWALLA, J.)
(M.S. SANKLECHA, J.)
3 of 3
Uday S. Jagtap
Commissioner of Income-Tax-II Pune
Chandan Shewani
M.S. Sanklecha
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
