Appeal arising under the Income Tax Act was disposed of by ordering its withdrawal because the tax effect fell below the statutory limit stipulated in a Central Board Direct Taxes circular.
The Income Tax Appeal was disposed of by ordering it to be withdrawn due to low tax effect as per the CBDT circular.
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.
901-A-ITL15.03.odt
1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
INCOME TAX APPEAL NO. 15 OF 2003
Commissioner of Income Tax-IV, Nagpur Appellant. -Vs.-
M/s.Ballarpur Industries Ltd. Respondent.
Mr.Anand Parchure, Advocate for the Appellant. Mr.K.P. Dewani, Advocate for the Respondent.
CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ. DATE : 12 FEBRUARY 2021
P.C. :
This Appeal is filed by the Revenue under section 260-A of the Income Tax Act, 1961. The Appeal was placed on board on 27 January 2021 and the following order was passed.
“This group of matters has been listed on board ‘For Directions’, in view of the fact that the tax effect involved in these Appeals is below the limits stipulated in the Central Board Direct Taxes circular dated 8 August 2019 and as per the circular, a policy decision is taken not to press the Appeals and withdraw the same. The circular was issued as far back as in August, 2019 and in view of the Litigation Policy, the Appeals have to be withdrawn as early as possible. However, the Appeals have remained pending in spite of the fact that the below tax effect for almost one and half years.
2. Place these Appeals on board under the caption “For Orders” on 12 February 2021.
KHUNTE
901-A-ITL15.03.odt
2/2
3. The Principal Chief Commissioner of Income Tax, Nagpur will depute an Officer to assist the Counsel for the Appellant-Department in examining these matters and giving instructions for the purpose of withdrawal of these Appeals.
4. The Registry will also extend cooperation for the said exercise.
5. The copy of this order be sent to the Principal Chief Commissioner of Income Tax, Nagpur to take necessary steps.
(ANIL S. KILOR, J) (NITIN JAMDAR, J)
Ghanshyam Khunte
Digitally signed by Ghanshyam Khunte Date: 2021.02.18 15:55:33 +0530
KHUNTE
1 provisions across 1 enactments
Commissioner of Income Tax-IV, Nagpur
M/s. Ballarpur Industries Ltd.
Nitin Jamdar
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court