The Commissioner of Income-tax-­VI, Pune v. Vidyanand Co.-Op. Bank Ltd
[Citation -2015-LL-0119-51]

Citation 2015-LL-0119-51
Appellant Name The Commissioner of Income-tax-­VI, Pune
Respondent Name Vidyanand Co.-Op. Bank Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 19/01/2015
Assessment Year 2003-04
Judgment View Judgment
Keyword Tags tax effect
Bot Summary: Doc S. No. Appeals in Income Tax matters Monetary Limit 1 Before Appellate Tribunal 10,00,000/ 2 Before High Court 20,00,000/ 3 Before Supreme Court 25,00,000/ 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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. In the present case, the tax effect is Rs. 4.09 lakhs as mentioned in paragraph 10 of the Appeal Memo. In view of the above, Mr. Kotangale, learned Counsel appearing for the Revenue does not press the present Appeal.


547-08-itxa=.doc IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 547 OF 2008 Commissioner of Income Tax VI, Pune Appellant v/s. Vidyanand Co op. Bank Ltd. Respondent Mr. Ashok Kotangale a/w Ms. Podma Diwakar for appellant CORAM : M.S. SANKLECHA & B.P. COLABAWALLA, J.J. DATED : 19 th JANUARY, 2015. P.C. 1. This Appeal relates to Assessment Year 2003 04. 2. Mr. Kotangale, learned Counsel appearing for Revenue invited our attention to Circular No.21 of 2015 issued by 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: Henceforth, appeals/SLPs shall not be filed in cases 3: where tax effect does not exceed monetary limits given hereunder: Uday S. Jagtap 1 of 2 Uploaded on - 20/01/2016 Downloaded on - 11/07/2020 17:35:51 547-08-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/ It is clarified that appeal should not be filed merely because tax effect in case exceeds monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of case. 10: This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before Supreme Court will be governed by instructions on this subject, operative at time when such appeal was filed. 3. In present case, tax effect is Rs. 4.09 lakhs as mentioned in paragraph 10 of Appeal Memo. 4. In view of above, Mr. Kotangale, learned Counsel appearing for Revenue does not press present Appeal. 5. Accordingly, Appeal is dismissed, as not pressed. 6. Refund of Court Fees, as per Rules. (B.P. COLABAWALLA, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap 2 of 2 Uploaded on - 20/01/2016 Downloaded on - 11/07/2020 17:35:51 Commissioner of Income-tax-VI, Pune v. Vidyanand Co.-Op. Bank Ltd
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