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Bombay High Court

Pr.Commissioner Of Income Tax, ... vs Wind World Wind Farms (Karnataka) Ltd on 9 October, 2019

Author: Nitn Jamdar

Bench: M.S.Sanklecha, Nitn Jamdar

                                           itxa-1789-2018-group-no-instructions-withdraw



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                   INCOME TAX APPEAL NO.1789 OF 2018
                                  WITH
    INCOME TAX APPEAL NOS.1819, 1820, 1849, 1879, 1910, 1930, 1933,
      1937, 2000, 1788, 1814, 1812, 1822, 1855, 1954 & 1996 OF 2018.


Mr. Suresh Kumar, for the Appellant-Revenue in ITXA Nos. 1789, 1819,
1820, 1849, 1879, 1910, 1933, 1937 & 2000 of 2018.
Mr. N. C. Mohnaty, for the Appellant-Revenue in ITXA Nos. 1788 & 1814
of 2018.
Mr. Ashok Kotangle, for the Appellant-Revenue in ITXA Nos. 1812 & 1822
of 2018.
Mr. Sham Walve, for the Appellant-Revenue in ITXA Nos.1855, 1954 &
1996 of 2018.
 Ms. Namrata Kasale, for the Respondent in ITXA No.1819 of 2018.
Mr. A. K. Sanghavi, for the Respondent in ITXA No.1879 of 2018.
Mr. Jas Sanghavi i/b. PDS Legal, for the Respondent in ITXA Nos.1910 &
1996 of 2018.
Ms. Neelam Jadhav, for the Respondent in ITXA No.1937 of 2018.
Mr. Rahul Sard i/b. Mr. Ravindra Poojary, for the Respondent in ITXA
No.2000 of 2018.
Asim Tirmizi i/b. Veritas Legal for the Respondent in ITXA No.1788 of
2018.

                                                  CORAM: M.S.SANKLECHA &
                                                          NITN JAMDAR, JJ.

DATE : 9th OCTOBER, 2019.

P.C:-

In the last week, these appeals were adjourned at the instance of the learned Counsel for the Revenue to enable them to take instructions to withdraw these appeals in terms of Circular No.17 of 2019 dated 8 th August, 2019 issued by the Central Board of Direct Taxes (CBDT).

2 Today, the learned Counsel appearing in support of these S.R.JOSHI 1 of 2 ::: Uploaded on - 10/10/2019 ::: Downloaded on - 10/10/2019 23:51:16 ::: itxa-1789-2018-group-no-instructions-withdraw Appeals state that inspite of their best efforts, no instructions are forthcoming from the Revenue. All of them state that the tax effect involved in all these appeals is less than the threshold limit of Rs.1 Crore provided in CBDT Circular dated 8th August, 2019.

3 In the above view, all these Appeals are disposed of in terms of the above Circular.

4 Refund of Court fees, if any, as per Rules.

5 However, it is made clear that in case the Officers of the Revenue inform the learned Counsel for the Revenue that any of these Appeals are not covered by the above CBDT Circular dated 18 th August, 2019, then the Revenue is at liberty to move this Court for recall of this order in respect of those Appeals.

(NITIN JAMDAR, J.)                                         (M.S.SANKLECHA,J.)




S.R.JOSHI                                                                                  2 of 2




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