The Commissioner of Income-tax, Nagpur v. Narayandas Hiralal Khandelwal (Indl)
[Citation -2017-LL-0609-64]

Citation 2017-LL-0609-64
Appellant Name The Commissioner of Income-tax, Nagpur
Respondent Name Narayandas Hiralal Khandelwal (Indl)
Court HIGH COURT OF BOMBAY AT NAGPUR
Relevant Act Income-tax
Date of Order 09/06/2017
Assessment Year 1976-77, 1977-78
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: In supersession of the above instruction, it has been decided by the Board that department appeals may be filed on merits before Appellate Tribunal and high Courts and SLP before the Supreme Court keeping in view the monetary limits and conditions specified below. Court 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. 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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. Further our attention is drawn to ::: Uploaded on - 12/06/2017 ::: Downloaded on - 06/07/2017 09:19:58 ::: 3 ITR39 02.odt Clarification dt.8.3.2016 issued by the C.B.D.T. to the above Circular No.21 of 2015, dt.10.12.2015 whereby the monetary limit of Rs.20,00,000/- so as to prosecute the appeal before this Court has been made applicable even to References filed u/s.


IN HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Income Tax Reference No.39 of 2002 (The Commissioner of Income Tax (Vidarbha), Nagpur .vs. Shri Narayandas Hiralal Khandelwal (Indl), Akola. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr.Bhushan Mohta, Advocate for Appellant. CORAM : M.S.SANKLECHA & MANISH PITALE, JJ. DATE : 9.6.2017. 1. This reference under Section 256(1) of Income Tax Act, 1961 relates to Assessment Years 1976-77 and 1977-78. 2. Mr.Bhushan Mohta, learned Counsel for Revenue invites our attention to Central Board Direct Taxes Circular (C.B.D.T.) No.21 of 2015, dt.10.12.2015. In particular, our attention is drawn to following paragraphs of above Circular. 2. In supersession of above instruction, it has been decided by Board that department appeals may be filed on merits before Appellate Tribunal and high Courts and SLP before Supreme Court keeping in view monetary limits and conditions specified below. 3. Henceforth, appeals/SLPs shall not ::: Uploaded on - 12/06/2017 ::: Downloaded on - 06/07/2017 09:19:58 ::: 2 ITR39 02.odt be filed in cases where tax effect does not exceed monetary limits given hereunder : S.No. Appeals in Income- Monetary tax matters Limit (in Rs.) 1. Before Appellate 10,00,000/- Tribunal 2. Before High Court 20,00,000/- 3. Before Supreme 25,00,000/- Court 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. 4 to 9 .... 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. Further our attention is drawn to ::: Uploaded on - 12/06/2017 ::: Downloaded on - 06/07/2017 09:19:58 ::: 3 ITR39 02.odt Clarification dt.8.3.2016 issued by C.B.D.T. to above Circular No.21 of 2015, dt.10.12.2015 whereby monetary limit of Rs.20,00,000/- so as to prosecute appeal before this Court has been made applicable even to References filed u/s. 256(1) of Act. 4. Mr.Bhushan Mohta, learned Counsel for Revenue, on instructions, states that tax effect involved in present reference is less than threshold limit of Rs.20,00,000/- as provided in Circular No.21 of 2015 r/w. Clarification dt.8.3.2016. 5. In above view, he has been instructed to not to press present reference. 6. In above view, reference is returned unanswered. However, it is made clear that questions as raised herein are left open for consideration in appropriate case. 7. reference is disposed of in above terms. JUDGE JUDGE halwai ::: Uploaded on - 12/06/2017 ::: Downloaded on - 06/07/2017 09:19:58 ::: Commissioner of Income-tax, Nagpur v. Narayandas Hiralal Khandelwal (Indl)
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