Pr. Commissioner of Income-tax (Central), Nagpur v. Dilip D. Jain
[Citation -2020-LL-0123-55]

Citation 2020-LL-0123-55
Appellant Name Pr. Commissioner of Income-tax (Central), Nagpur
Respondent Name Dilip D. Jain
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 23/01/2020
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: Heard Mr. Sham Walve, 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 14.12.2016 passed by the Income Tax Appellate Tribunal, Pune Bench A , Pune in ITA No.1209/PN/2014 for the assessment year 2006-07. Mr.Walve, learned standing counsel fairly submits that the disputed tax effect in this appeal is Rs.11,53,425/-. 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, no appeal will be filed by the Department before the High Court where the tax effect is less than Rs.1 Crore and in case appeal has been filed, the same would stand withdrawn subject to the conditions mentioned in the said Circular. In the light of the above, the present appeal is dismissed as withdrawn in terms of the above Circular.


Sonali Kilaje 904-ITXA-1711-17.doc IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1711 OF 2017 Pr. Commissioner of Income Tax (Central),Nagpur Appellant v/s. Dilip D. Jain Respondent Mr. Sham Walve a/w. Mr. Prietesh Chatterjee for Appellant. CORAM: UJJAL BHUYAN, & MILIND N. JADHAV, JJ. DATE : JANUARY 23, 2020. P. C.:- 1. Heard Mr. Sham Walve, 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 14.12.2016 passed by Income Tax Appellate Tribunal, Pune Bench , Pune in ITA No.1209/PN/2014 for assessment year 2006-07. 1 of 2 ::: Uploaded on - 28/01/2020 ::: Downloaded on - 01/02/2020 10:10:33 ::: Sonali Kilaje 904-ITXA-1711-17.doc 3. Mr.Walve, learned standing counsel fairly submits that disputed tax effect in this appeal is Rs.11,53,425/-. 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, no appeal will be filed by Department before High Court where tax effect is less than Rs.1 Crore and in case appeal has been filed, same would stand withdrawn subject to conditions mentioned in said 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 10:10:33 ::: Pr. Commissioner of Income-tax (Central), Nagpur v. Dilip D. Jain
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