Pr. Commissioner of Income-tax-7, Mumbai v. Morgan Stanley India Securities Pvt. Ltd
[Citation -2019-LL-0925-94]

Citation 2019-LL-0925-94
Appellant Name Pr. Commissioner of Income-tax-7, Mumbai
Respondent Name Morgan Stanley India Securities Pvt. Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 25/09/2019
Judgment View Judgment
Keyword Tags tax effect
Bot Summary: P.C:- In the last week, these appeals were adjourned at the instance of the learned Counsel for the Revenue to enable them to take instructions to withdraw these appeals in terms of Circular No.17 of 2019 dated 8 th August, 2019 issued by the Central Board of Direct Taxes. 2 Today, the learned Counsel appearing in support of these Appeals state that inspite of their best efforts, no instructions are forthcoming from the Revenue. All of them state that the tax effect involved in all these appeals is less than the threshold limit of Rs.1 Crore provided in CBDT Circular dated 8th August, 2019. 3 In the above view, all these Appeals are disposed of in terms of the above Circular. It is made clear that in case the Officers of the Revenue inform the learned Counsel for the Revenue that any of these Appeals are not covered by the above CBDT Circular dated 18 th August, 2019, then the Revenue is at liberty to move this Court for recall of this order in respect of those Appeals.


itxa-1697-2017-group-no-instruction IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1697 OF 2017 WITH INCOME TAX APPEAL NOS.1735, 1757, 1759, 1760, 1767, 1766, 1769, 1776, 1779, 1833, 1855, 1869, 1870, 1904, 1913, 1918, 1928, 1981, 1987, 1994, 1998, 2002 , 2015 OF 2017 WITH INCOME TAX APPEAL NO. 21, 13, 28, 30, 33, 35, 37, 40, 43, 44, 50, 56, 58, 59, 66 OF 2018. Mr. Suresh Kumar, for Appellant in ITXA Nos. 1697, 1735, 1757, 1759, 1760, 1766, 1776, 1779, 1913, 1918, 1981, 1994, 1998, 2002 of 2017 & 21, 30, 33, 35, 27, 43, 44, 56 & 59 of 2018. Mr. N. C. Mohanty, for Appellant in ITXA Nos. 1833, 1855 of 2017 & 13 of 2018. Mr. Arvind Pinto, for Appellant in ITXA Nos. 1767 & 1904 of 2017. Mr. A. K. Jasani, for Respondent in ITXA Nos. 1757, 1769, 1994 of 2017 & 21, 37, 44 & 58 of 2018. Mr. Firoze Andhyarujina with Maneck Andhyarujina, for Respondent in ITXA No. 1981 of 2017. Mr. Subhash Shetty & Mr. Hiro Rai, for Respondent in ITXA No. 1870 of 2017. Mr. Satendra Pandey, for Respondent in ITXA Nos. 1759, 1760, 1918 & 1928 of 2017 & 33 of 2018. Mr. Salil Kapoor with Mr. Jitendra Singh, for Respondent in ITXA Nos. 40 & 43 of 2018. Mr. Rahul Hakani, for Respondent in ITXA Nos.1776, 1855 & 1987 of 2017. Ms. Aksha Chugh i/b. Mr. Rahul Hakani, for Respondent in ITXA No.1776 & 1855 of 2017. Mr. P. C. Tripathi i/b. Raj Darak, for Respondent in ITXA Nos. 28, 50 & 66 of 2018. Ms. Aasifa Khan, for Respondent in ITXA Nos. 1767 of 2017 & 35 of 2018. Mr. Anupam Dighe i/b. India Law Alliance, for Respondent in ITXA No.1697 of 2017. Mr. Jignesh Shah, for Respondent in ITXA No.2015 of 2017. Mr. Nismit Gamdhi, for Respondent in ITXA No.13 of 2018. S.R.JOSHI 1 of 2 ::: Uploaded on - 17/10/2019 ::: Downloaded on - 23/10/2019 11:23:03 ::: itxa-1697-2017-group-no-instruction CORAM: M.S.SANKLECHA & NITN JAMDAR, JJ. DATE : 25th SEPTEMBER 2019. P.C:- In last week, these appeals were adjourned at instance of learned Counsel for Revenue to enable them to take instructions to withdraw these appeals in terms of Circular No.17 of 2019 dated 8 th August, 2019 issued by Central Board of Direct Taxes (CBDT). 2 Today, learned Counsel appearing in support of these Appeals state that inspite of their best efforts, no instructions are forthcoming from Revenue. All of them state that tax effect involved in all these appeals is less than threshold limit of Rs.1 Crore provided in CBDT Circular dated 8th August, 2019. 3 In above view, all these Appeals are disposed of in terms of above Circular. 4 Refund of Court fees, if any, as per Rules. 5 However, it is made clear that in case Officers of Revenue inform learned Counsel for Revenue that any of these Appeals are not covered by above CBDT Circular dated 18 th August, 2019, then Revenue is at liberty to move this Court for recall of this order in respect of those Appeals. (NITIN JAMDAR, J.) (M.S.SANKLECHA,J.) S.R.JOSHI 2 of 2 ::: Uploaded on - 17/10/2019 ::: Downloaded on - 23/10/2019 11:23:03 ::: Pr. Commissioner of Income-tax-7, Mumbai v. Morgan Stanley India Securities Pvt. Ltd
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