Principal Commissioner Of Income Tax,33, Mumbai v. M/S Bhoomi Construction

Uday S. Jagtap 95-16-ITXA-45=.doc THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 95 OF 2016 The Pr. Commissioner of Income Tax-33 .. Appellant Mumbai v/s.

M/s. Bhoomi Construction ..Respondent Mr. Arvind Pinto a/w Mr. N.C. Ranganayakulu for the appellant Ms. Neha Achliya I/b Agrud Partners 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 2005-06. 2.

Mr. Pinto, 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 11 of the Appeal Memo, which indicates that in this Appeal, the tax effect is Rs. 46.25 lakhs.

Uday S. Jagtap 95-16-ITXA-45=.doc 4.

In view of the Circular No.3 of 2018 dated 11th July, 2018 issued by the CBDT, Mr. Pinto, learned Counsel appearing for the Revenue, on instructions from Mr. Rakesh Bhaskar, Pr. Commissioner of Income Tax, 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Accordingly, Appeal dismissed, as withdrawn.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.)