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Bombay High Court

Pr.Commissioner Of Income Tax ... vs M/S Lexicon Chemicals Pvt.Ltd on 23 August, 2022

Author: Abhay Ahuja

Bench: Dhiraj Singh Thakur, Abhay Ahuja

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH V PATIL
V PATIL   Date:
          2022.08.25
          11:04:54
          +0530
                       R. V. Patil                              1 of 1                  919 ITXA.519.2015 OS.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                              INCOME TAX APPEAL NO. 519 OF 2015
                       Pr. Commissioner of Income Tax- 10,
                       Room No. 416, 4th Floor, Aayakar Bhawan,
                       M. K. Road, Mumbai                                           ...Appellant

                                     Versus

                       M/s Lexicon Chemicals Pvt. Ltd.,
                       3rd Floor, Ahura Centre, 82, Mahakali
                       Caves Road, Andheri (E), Mumbai                      ...Respondent
                                                           ****
                       Mr. Arvind Pinto, Advocate for the Appellant.
                       Ms. Aasifa Khan a/w Mr. Satish Mody, 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 However, we observe that in case, the Revenue fnds for some reason that the Appeal was not supposed to have been withdrawn in the light of the Circular, it would be open to the Revenue to fle an application seeking restoration of the Appeal to be decided on its own merits.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.)