Dismissed

Commissioner of Income TAX-3 Mumbai v. Indian Writing Instruments Pvt. Ltd.

Bombay HC23 Mar 2017ITXA/1846/2014

Case brief

AI extract

What is this about?

The High Court dismissed the income tax appeal as the Revenue did not press it, citing a CBDC Circular that limits appeals where the tax effect is below specified monetary thresholds. The tax effect of roughly Rs. 10.16 lakhs fell below the High Court limit.

What did the court decide?

Appeal dismissed as not pressed by the Revenue on account of the tax effect being below the monetary limit prescribed in Circular No. 21 of 2015.

Commissioner of Income TAX-3 Mumbai Vs Indian Writing Instruments… — Income Tax | Bombay HC (2017)

916.itxa-1846.14.doc

Sbw

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

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INCOME TAX APPEAL NO.1846 OF 2014

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Commissioner of Income Tax-3 Mumbai.

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..Appellant

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Versus Indian Writing Instruments Pvt. Ltd. ..Respondent

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Mr. Ashok Kotangale i/b. Ms. Padma Divakar for the Appellant.

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

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DATE : 23^rd MARCH, 2017

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P.C.

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This Appeal relates to Assessment Year 2009-2010.

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Mr. Kotangale, 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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916.itxa-1846.14.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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In the present case, the tax effect is Rs.10.16 lakhs as mentioned in paragraph 9 of the Appeal Memo.

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In view of the above, Mr. Kotangale, 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-3 Mumbai v. Indian Writing Instruments Pvt. Ltd.

Case brief

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Commissioner of Income TAX-3 Mumbai v. Indian Writing Instruments Pvt. Ltd.

Case brief

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What the court decided

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