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Bombay High CourtITXA/1614/2017

The Pr. Commissioner Of Income Tax -32 v. Metform Corporation

2018-08-14Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice M.S. Sanklecha2 pages

Uday S. Jagtap 1614-17-ITXA-901=.doc THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1614 OF 2017 The Pr. Commissioner of Income Tax-32 .. Appellant v/s.

Metform Corporation ..Respondent Mr. A.R. Malhotra a/w Mr. N.A. Kazi for the appellant None for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J.

DATED : 14th AUGUST, 2018.

P.C.

1.

This Appeal relates to Assessment Year 2009-10. 2.

Mr. Malhotra, learned Counsel appearing for the Revenue invited our attention to Circular No.3 of 2018 dated 11th July, 2018 issued by the Central Board for Direct Tax (CBDT). The above Circular directs the Officers of the Revenue not to file appeals to the High Court where the tax effect does not exceed Rs.50 lakhs. It also directs its Officers to withdraw / not press its pending appeals where the tax effect is less than Rs.50 lakhs. This, of course, if it does not fall in the excluded class of appeals listed therein. 3.

Our attention is invited to para 10 of the Appeal Memo, which indicates that in this Appeal, the tax effect is Rs. 31.52 lakhs. Digitally signed by Uday Shivaji Jagtap Date:

2018.08.20 18:08:52 +0530 Uday Shivaji Jagtap

Uday S. Jagtap 1614-17-ITXA-901=.doc 4.

In view of the Circular No.3 of 2018 dated 11th July, 2018 issued by the CBDT, Mr. Malhotra, learned Counsel appearing for the Revenue, on instructions from Mr. Anil Kumar, Pr. Commissioner of Income Tax-32, Mumbai does not press the present Appeal. 5.

Accordingly, Appeal dismissed, as withdrawn.

6.

Refund of Court Fees, if any, as per Rules.

(SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)