The High Court dismissed an Income Tax Appeal for Assessment Year 2008-09, tax effect Rs. 16.66 lakhs, as the Revenue did not press the appeal despite the tax effect exceeding the monetary limit in its Circular No. 21 of 2015.
Court fees refunded 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.
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916.itxa-1797.14.doc
Sbw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1797 OF 2014
Commissioner of Income Tax-21 ..Appellant
Versus
Nailesh P Dalal ..Respondent
Ms. Padma Divakar for the Appellant. Mr. Subhash S. Shetty for the Respondent.
CORAM: M. S. SANKLECHA &
A. K. MENON, JJ.
DATE : 21st MARCH, 2017
P.C.
“3:- Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:-
| 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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916.itxa-1797.14.doc
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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”
(A. K. MENON, J.)
Wadhwa
Commissioner of Income Tax-21
Nailesh P Dalal
M. S. Sanklecha
A. K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
