The Commissioner Of Income Tax -21, Mumbai v. Shri Vijay C. Kamdar

1115-08-itxa=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1115 OF 2008 The Commissioner of Income Tax-21 Mumbai .. Appellant v/s.

Vijay C. Kamdar ..Respondent Mr. A.R. Malhotra a/w N.A. Kazi for the appellant Mr. K. Gopal a/w Jitendra Singh for the respondent CORAM : M.S. SANKLECHA & G.S. KULKARNI, J.J.

DATED : 14th DECEMBER, 2015.

P.C.

1.

Mr. Malhotra, learned Counsel for the Revenue invites our attention to Circular No.21/2015 dated 10th December, 2015 issued by the Central Board of Direct Taxes. The aforesaid circular inter alia provides at paragraphs 3 and 10 thereof, as under :- "3.

Henceforth, appeals / SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- Uday S. Jagtap

1115-08-itxa=.doc Sr.

No.

Appeals in Income-Tax matters Monetary Limits (in Rs.) Before Appellate Tribunal 10,00,000/- Before High Court 20,00,000/- Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case." "10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn / not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed."

2.

In view of the above, Mr. Malhotra, learned Counsel for the appellant does not press the appeal as the tax effect in this case is Rs.14.24 lakhs.

3.

Accordingly, the appeal is dismissed.

(G.S. KULKARNI, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap