Dismissed

Commissioner of Income Tax,Central III v. Shri Premji T. Shah

Bombay HC3 Aug 2016ITXA/874/2011

Case brief

AI extract

What is this about?

In an Income Tax Appeal filed under Article 226 of the Constitution, the High Court dismissed the appeal because the Revenue could not press it due to the tax effect being below the jurisdictional monetary limits specified in the Income Tax Department's Circular No. 21 of 2015.

What did the court decide?

The appeal is dismissed as it is not pressed by the Revenue due to the tax effect being below the prescribed monetary limits.

Commissioner of Income Tax,Central III Vs Shri Premji T. Shah — Income Tax | Bombay HC (2016)

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874-11-ITXA=.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INCOME TAX APPEAL NO. 874 OF 2011

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The Commissioner of Income Tax, Central-III .. Appellant

v/s.

Shri Premji T. Shah

..Respondent

Ms. Padma Divakar for the appellant Mr. Atul Jasani for the respondent

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CORAM : M.S. SANKLECHA & A.K. MENON, J.J.

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DATED : 3^rd AUGUST, 2016.

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P.C.

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This Appeal relates to Assessment Year 2007-08.

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Ms. Padma Divakar, learned Counsel appearing for the Revenue invited our attention to Circular No.21 of 2015 issued by the Central Board for Direct Tax dated 10^th December, 2015. In particular, our attention invited to paragraphs 3 and 10 therein which read as under:-

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“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

874-11-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/-

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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.”

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“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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In the present case, the tax effect is Rs. 17.27 lakhs as mentioned in paragraph 12 of the Appeal Memo.

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In view of the above, Ms. Padma Divakar, learned Counsel appearing for the Revenue does not press the present Appeal.

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Accordingly, Appeal is dismissed, as not pressed.

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Refund of Court Fees, as per Rules.

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(A.K. MENON, J.)

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(M.S. SANKLECHA, J.)

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2 of 2

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Uday S. Jagtap

Commissioner of Income Tax,Central III v. Shri Premji T. Shah

Case brief

What is this about?

What did the court decide?

Commissioner of Income Tax,Central III v. Shri Premji T. Shah

Case brief

What is this about?

What did the court decide?

What the court decided

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