Commissioner of Income-tax, Central-1, Mumbai v. Mahendra Kumar N. Purohit - 2020-LL-0304-47

Citation	2020-LL-0304-47
Appellant Name	Commissioner of Income-tax, Central-1, Mumbai
Respondent Name	Mahendra Kumar N. Purohit
Court	HIGH COURT OF BOMBAY
Relevant Act	Income-tax
Date of Order	04/03/2020
Assessment Year	2003-04
Judgment	View Judgment
Keyword Tags	monetary limit • tax effect
Bot Summary:	This appeal under Section 260-A of the Income Tax Act, 1961 has been preferred by the Revenue assailing the order dated 30.08.2011 passed by the Income Tax Appellate Tribunal, Bench B , Mumbai in I.T.A.No. The appeal was subsequently listed along with a bunch of appeals in which the tax effects were below the prescribed limit. The disputed tax claim in this appeal is Rs.21,57,070. Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes issued Circular No.3 of 2018 dated 11.07.2018 revising monetary limits for filing of appeals by the Income Tax Department. For filing of appeal before the High Court, the monetary limit was fixed at Rs.50,00,000. Admittedly, the tax effect in the present appeal, as noted above, is below the monetary limit. Liberty is granted to the Revenue to seek revival of the appeal in the event it is found that the appeal falls within any of the exceptions provided under the said Circulars.

IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.593 OF 2012 Commissioner of Income Tax, Central-1, Mumbai Appellant Vs. Mahendra Kumar N. Purohit Respondent Mr. P. C. Chhotaray for Appellant. Mr. Atul K. Jasani for Respondent. CORAM UJJAL BHUYAN, MILIND N. JADHAV, JJ. DATE MARCH 04, 2020 P.C. Heard Mr. Chhotaray, learned counsel for appellant and Mr. Jasani, learned counsel for respondent - assessee. 2. This appeal under Section 260-A of Income Tax Act, 1961 has been preferred by Revenue assailing order dated 30.08.2011 passed by Income Tax Appellate Tribunal, Bench B , Mumbai (Tribunal) in I.T.A.No.6538/Mum/2008 for assessment year 2003- 04. 3. We find that on 07.03.2014 while considering admission hearing of appeal, this Court adjourned appeal sine die to await decision of Supreme Court in case of CIT Vs. Rajendra R. Chaturvedi on which reliance was placed by respondent - assessee. However, appeal was subsequently listed along with bunch of appeals in which tax effects were below prescribed limit. 4. disputed tax claim in this appeal is Rs.21,57,070.00. 5. Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes issued Circular No.3 of 2018 dated 11.07.2018 revising monetary limits for filing of appeals by Income Tax Department. For filing of appeal before High Court, monetary limit was fixed at Rs.50,00,000.00. However, by subsequent Circular No.17 of 2019 dated 08.08.2019, monetary limit has been enhanced to Rs.1,00,00,000.00. 6. Admittedly, tax effect in present appeal, as noted above, is below monetary limit. 7. In view of above, we feel that it would be futile to await verdict in case of CIT Vs. Rajendra R. Chaturvedi. That apart, when order dated 07.03.2014 was passed by this Court, above two Circulars were not issued. 8. Consequently, appeal is dismissed as withdrawn. 9. However, liberty is granted to Revenue to seek revival of appeal in event it is found that appeal falls within any of exceptions provided under said Circulars. 10. Court fee to be refunded as per rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) Minal Parab Commissioner of Income-tax, Central-1, Mumbai v. Mahendra Kumar N. Purohit

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