The Pr. Commissioner of Income-tax-6, Pune v. Subhash Deshmukh & Company
[Citation -2020-LL-0123-50]

Citation 2020-LL-0123-50
Appellant Name The Pr. Commissioner of Income-tax-6, Pune
Respondent Name Subhash Deshmukh & Company
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 23/01/2020
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: Heard Mr. Tejveer Singh, learned standing counsel revenue for the appellant. This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the revenue against the order dated 31.08.2016 passed by the Income Tax Appellate Tribunal, Pune Bench A , Pune in ITA No.835/PN/2014 for the assessment year 2008-09. Mr.Tejveer, learned standing counsel fairly submits that the disputed tax affect in this appeal is Rs.21,15,000/-. As per Circular No.17 of 2019 of Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes dated 08.08.2019, the monetary limit for filing of appeal by the Department before the High Court has been enhanced to Rs.1 Crore. In other words, if the tax effect is less than Rs.1 Crore, the Department will not file appeal before the High Court and if appeal has been filed the same would stand withdrawn, subject to the conditions mentioned in the Circular. In the light of the above, the present appeal is dismissed as withdrawn in terms of the above Circular.


Sonali Kilaje 19-ITXA-1983-17.doc IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1983 OF 2017 Pr. Commissioner of Income Tax-6, Pune .. Appellant v/s. Subhash Deshmukh & Company .. Respondent Mr.Tejveer Singh for Appellant. CORAM: UJJAL BHUYAN, & MILIND N. JADHAV, JJ. DATE : JANUARY 23, 2020. P. C.:- 1. Heard Mr. Tejveer Singh, learned standing counsel revenue for appellant. 2. This appeal under Section 260A of Income Tax Act, 1961 has been preferred by revenue against order dated 31.08.2016 passed by Income Tax Appellate Tribunal, Pune Bench , Pune in ITA No.835/PN/2014 for assessment year 2008-09. 1 of 2 ::: Uploaded on - 28/01/2020 ::: Downloaded on - 01/02/2020 10:10:26 ::: Sonali Kilaje 19-ITXA-1983-17.doc 3. Mr.Tejveer, learned standing counsel fairly submits that disputed tax affect in this appeal is Rs.21,15,000/-. As per Circular No.17 of 2019 of Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (CBDT) dated 08.08.2019, monetary limit for filing of appeal by Department before High Court has been enhanced to Rs.1 Crore. 4. In other words, if tax effect is less than Rs.1 Crore, Department will not file appeal before High Court and if appeal has been filed same would stand withdrawn, subject to conditions mentioned in Circular. 5. In light of above, present appeal is dismissed as withdrawn in terms of above Circular. 6. Court fee to be refunded as per rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN,J.) 2 of 2 ::: Uploaded on - 28/01/2020 ::: Downloaded on - 01/02/2020 10:10:26 ::: Pr. Commissioner of Income-tax-6, Pune v. Subhash Deshmukh & Company
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