Dismissed

Commissioner of Income TAX-13 v. M/S. Ashok Manufacturing Co.

Bombay HC21 Mar 2017ITXA/1796/2014

Case brief

AI extract

What is this about?

This is an income tax appeal where the Revenue counsel stated that the tax involved was Rs. 10.20 lakhs, falling within the monetary limits of CBDT Circular No. 21 of 2015 for High Court appeals. Consequently, the counsel did not press the appeal. The Court dismissed the appeal on the ground that it was not pressed.

What did the court decide?

Refund of Court Fees, as per Rules.

Commissioner of Income TAX-13 Vs M/S. Ashok Manufacturing Co. — Income Tax | Bombay HC (2017)

915.itxa-1796.14.doc

Sbw

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

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INCOME TAX APPEAL NO.1796 OF 2014

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Commissioner of Income Tax-13 ..Appellant Versus M/s. Ashok Manufacturing Co. ..Respondent

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Mr. P. C. Chhotaray for the Appellant.

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Mr. Ravi Rattesar i/b. D. M. Harish & Co. for the Respondent.

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

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DATE : 21^st MARCH, 2017

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P.C.

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This Appeal relates to Assessment Year 2005-06.

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Mr. Chhotaray, 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:-

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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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915.itxa-1796.14.doc

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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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Mr. Chhotaray, on instructions, states that the present appeal is not being pressed as the tax involved is Rs.10.20 lakhs as indicated in paragraph 11 of the Appeal Memo. Thus covered by the aforesaid CBDT Circular.

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In view of the above, Mr. Chhotaray, 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.) (M. S. SANKLECHA, J.)

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Wadhwa

Commissioner of Income TAX-13 v. M/S. Ashok Manufacturing Co.

Case brief

What is this about?

What did the court decide?

Commissioner of Income TAX-13 v. M/S. Ashok Manufacturing Co.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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