IN HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Income Tax Appeal No. 26/2003 (The Commissioner of Income Tax II, Nagpur Vs. Santoshkumar Agrawal, Nagpur) 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. Shri N.S. Bhattad & Saket Bhattad, Advocates for Respondent. CORAM : M.S. SANKLECHA & MANISH PITALE, JJ. DATE : 28.07.2017. This appeal under Section 260A of Income Tax Act, 1961 (the Act) challenges order dated 7 th October, 2002 passed by Income Tax Appellate Tribunal (Tribunal). This appeal relates to assessment for block period A.Y.1986 1987 to 1995 1996. 2. Mr. Mohta, learned counsel for appellant/Revenue tendered affidavit dated 28.07.2017 of Mr. Ramesh Manguji Khandate, Assistant Commissioner of Income tax, Nagpur, pointing out that tax effect involved in present appeal is Rs.7.70 Lacs. Mr. Mohta submits that tax effect shown in appeal is not correct. ::: Uploaded on - 31/07/2017 ::: Downloaded on - 01/08/2017 09:42:07 ::: 2 2807ITL26.03.odt 3. Mr. Mohta 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. 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 tax Monetary Limit matters (in Rs.) 1. Before Appellate 10,00,000/ Tribunal 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. 4 to 9 ...... ::: Uploaded on - 31/07/2017 ::: Downloaded on - 01/08/2017 09:42:07 ::: 3 2807ITL26.03.odt 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 Pending appeals below specified tax limits in para 3 above may be withdrawn/not pressed.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." 4. affidavit further states that in view of Circular No.21 of 2015 of CBDT, appeal be allowed to be withdrawn. 5. In view of fact that tax effect in present case is Rs.7.70 Lacs which is less than thresh hold limit provided in Circular, Mr. Mohta on instructions seeks to withdraw this appeal. 6. Accordingly, appeal is disposed of as 'withdrawn'. Refund of Court fees as per rules. JUDGE JUDGE waghmare ::: Uploaded on - 31/07/2017 ::: Downloaded on - 01/08/2017 09:42:07 ::: TheCommissionerofIncome-tax-II,Nagpur v. SantoshkumarAgrawal