The Commissioner Of Income Tax -8, Mumbai v. M/S Artek Surfin Chemicals Ltd. , Mumbai

241-09-itxa=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 241 OF 2009 The Commissioner of Income Tax-8, Mumbai .. Appellant v/s.

M/s. Artek Surfin Chemicals Ltd.

.. Respondent Mr. Suresh Kumar for the appellant Mr. Atul Jasani for the respondent CORAM : M.S. SANKLECHA & B.P. COLABAWALLA, J.J.

DATED : 29th JANUARY, 2016.

P.C.

1.

This Appeal relates to Assessment Year 2001-02. 2.

Mr. Suresh Kumar, learned Counsel appearing for the Revenue invited our attention to Circular No.21 of 2015 issued by the Central Board for Direct Tax dated 10th December, 2015. In particular, our attention invited to paragraphs 3 and 10 therein which read as under:- "3:- Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:- S. No.

Appeals in Income Tax matters Monetary Limit (in Rs.) Before Appellate Tribunal 10,00,000/- Before High Court 20,00,000/- Before Supreme Court 25,00,000/- Uday S. Jagtap

241-09-itxa=.doc 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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."

3.

In the present case, the tax effect is Rs. 4.16 lakhs as mentioned in paragraph 10 of the Appeal Memo.

4.

In view of the above, Mr. Suresh Kumar, learned Counsel appearing for the Revenue seeks liberty to withdraw the appeal. 5.

Accordingly, Appeal is dismissed as withdrawn. 6.

Refund of Court Fees, as per Rules.

(B.P. COLABAWALLA, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap