2016 (9) TMI 1423 - HC - Income Tax

Maintainability of appeal - monetary limit - tax effect not exceeding the monetary limits - Held that - In the present case, the tax effect is ₹ 16.08 lakhs, as mentioned in paragraph 11 of the Appeal Memo. In view of the above, the Revenue, does not press the present Appeal.

Summary

Issues Involved:
Appeal relating to Assessment Year 2005-06; Interpretation of Circular No. 21 of 2015 by the Central Board for Direct Tax regarding monetary limits for filing appeals in tax matters.

Analysis:
The judgment delivered by the High Court of Bombay pertains to an appeal concerning the Assessment Year 2005-06. The learned Counsel for the Revenue directed the court's attention to Circular No.21 of 2015 issued by the Central Board for Direct Tax, specifically highlighting paragraphs 3 and 10. Paragraph 3 of the circular states that appeals or Special Leave Petitions (SLPs) should not be filed if the tax effect does not exceed the specified monetary limits. These limits are INR 10,00,000 before the Appellate Tribunal, INR 20,00,000 before the High Court, and INR 25,00,000 before the Supreme Court. The circular emphasizes that the decision to file an appeal should be based on the merits of the case, not solely on the tax effect exceeding the prescribed limits.

In the case at hand, the tax effect amounted to INR 16.08 lakhs, as mentioned in the Appeal Memo. Consequently, the Counsel for the Revenue decided not to press the appeal, in line with the guidelines provided in Circular No.21 of 2015. Therefore, the High Court dismissed the appeal as not pressed. Additionally, the court ordered the refund of court fees as per the applicable rules. This judgment demonstrates the importance of adhering to the monetary limits specified in the circular issued by the Central Board for Direct Tax while deciding whether to pursue appeals in tax matters, ensuring that appeals are pursued based on the merits of the case rather than solely on the tax effect exceeding the prescribed limits.