Director Of Income Tax (It)-I v. M/S. Toronto Dominion Bank Ltd.,

Digitally signed by RUSHIKESH V PATIL Date:

2022.08.25 11:04:56 +0530 RUSHIKESH V PATIL R. V. Patil 911 ITXA.384.2013 OS.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 384 OF 2013 Director of Income Tax (IT)-I, Scindia House, 1st Floor, Ballard Estate, N. M. Road, Mumbai, ...Appellant

Versus

M/s Toronto Dominion Bank Ltd., 86, Free Press House, 8th Floor, Nariman Point, Mumbai

...Respondent

**** Mr. Arvind Pinto, Advocate for the Appellant. Mr. Atul K. Jasani, Advocate for the Respondent. **** CORAM :

DHIRAJ SINGH THAKUR AND ABHAY AHUJA, JJ.

DATE :

23rd AUGUST, 2022.

P.C.

:

.

Learned Counsel for the Appellant states that the tax efect in the present Appeal is below the limit stipulated in terms of Circular No. 17 of 2019 dated 08th 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 efect.

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However, we observe that in case, the Revenue fnds for some reason that the Appeal was not supposed to have been withdrawn in the light of the Circular, it would be open to the Revenue to fle an application seeking restoration of the Appeal to be decided on its own merits.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.)