Director Of Income Tax (It) -I, v. Dresdner Bank Ag (Now Merged With Commerzbank Ag, B.S.R. And Co.

907--ITXA-2055-2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2055 OF 2013 Director of Income Tax (IT)-I, Scindia House, 1st Floor, Ballard Estate, N.M. Road, Mumbai - 400 038.

.. Appellant Vs.

Dresdner Bank AG (Now merged with Commerzbank AG, B.S.R. & Co., (Chartered Accountants) 1st Floor, Lodha Excellus, Appollo Mills Compound, N.M. Joshi Marg, Mahalaxmi, Mumbai-400 011 PAN : AABCD 6674 M .. Respondent **** Ms. Samiksha Kanani i/b Mr.Vipul Bajpayee for appellant. Mr. Atul K. Jasani for respondent.

Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2022.09.08 20:04:01 +0530 SHRADDHA KAMLESH TALEKAR CORAM : DHIRAJ SINGH THAKUR AND ABHAY AHUJA, JJ.

DATE : 7th SEPTEMBER 2022 PC :

1.

Learned Counsel for the appellant states that the tax effect in the present Appeal is below the limit stipulated in terms of Circular No.17 of 2019, dated 8th August, 2019. It is stated that no instructions have been received from the Department to withdraw the present Appeal.

2.

In the light of Circular No. 17 of 2019, the Appeal is disposed of as involving low tax effect.

Shraddha Talekar, PS 1/2

907--ITXA-2055-2013.doc 3.

However, we observe that in case, the Revenue fnds for some reason that the Appeal was not supposed to have been withdrawn in the light of the Circular, dated 8th August 2019, it would be open to the Revenue to fle an application/praecipe seeking restoration of the Appeal, to be decided on its own merits. Refund of Court-fees as per Rules.

[ABHAY AHUJA, J.] [DHIRAJ SINGH THAKUR, J.] Shraddha Talekar, PS 2/2