The Commissioner of Income-tax-II, Nagpur v. Maharana Shivhare Bhavan
[Citation -2017-LL-0703-8]

Citation 2017-LL-0703-8
Appellant Name The Commissioner of Income-tax-II, Nagpur
Respondent Name Maharana Shivhare Bhavan
Court HIGH COURT OF BOMBAY AT NAGPUR
Relevant Act Income-tax
Date of Order 03/07/2017
Assessment Year 2004-05
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: Mr. Parchure, learned counsel for the appellant- Revenue filed an affidavit of Mr. Amrendra Dnyaneshwar Surkar, Income Tax Officer, pointing out that the tax effect involved in the present appeal is Rs. 16.27 lakhs. 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. Filing of appeal in such cases is to be decided on merits of the case. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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. Mr.A. Parchure, learned Counsel states that the tax effect involved in the present appeal is Rs.16.27 lakhs. In the above view, he has been instructed to withdraw the present appeal in accordance with the above Circular No.21 of 2015.


IN HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Income Tax Appeal No. 20/2009 (The Commissioner of Income Tax-II, Nagpur vs Maharana Shivhare Bhavan, Nagpur) Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar s Orders. Shri A. Parchure with Shri A.J. Bhoot, Advocates for appellant. Shri. K. P. Bhattad, Advocate for Respondent CORAM : M.S. SANKLECHA & MANISH PITALE, JJ. DATE : 03.07.2017. This appeal under Section 260A of Income Tax Act, 1961 (Act) by Revenue relates to Assessment Year 2004 2005. 2. Mr. Parchure, learned counsel for appellant- Revenue filed affidavit of Mr. Amrendra Dnyaneshwar Surkar, Income Tax Officer, pointing out that tax effect involved in present appeal is Rs. 16.27 lakhs. However, by mistake tax effect shown in memo of appeal at Rs. 20.56 lakhs. affidavit is taken on record. 2. Mr. A. Parchure, learned Counsel for appellant/revenue invites our attention to Central Board Direct Taxes Circular No.21 of 2015, dt.10.12.2015. In particular, our attention is drawn to following paragraphs of above Circular. ::: Uploaded on - 04/07/2017 ::: Downloaded on - 06/07/2017 09:12:20 ::: 2 0307ITLcbdt 20.09.odt 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 be filed in cases where tax effect does not exceed monetary limits given hereunder : S.No. Appeals in Income- Monetary Limit tax matters (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 ::: Uploaded on - 04/07/2017 ::: Downloaded on - 06/07/2017 09:12:20 ::: 3 0307ITLcbdt 20.09.odt 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. Mr.A. Parchure, learned Counsel states that tax effect involved in present appeal is Rs.16.27 lakhs. In above view, he has been instructed to withdraw present appeal in accordance with above Circular No.21 of 2015. 4. Accordingly, appeal is dismissed as 'withdrawn'. Refund of Court fees as per rules. (MANISH PITALE, J). (M.S.SANKLECHA, J.) Gohane ::: Uploaded on - 04/07/2017 ::: Downloaded on - 06/07/2017 09:12:20 ::: Commissioner of Income-tax-II, Nagpur v. Maharana Shivhare Bhavan
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