Bombay High Court
The Commissioner Jof Income Tax-4, ... vs M/S. India Capital Markets Pvt.Ltd. ... on 11 August, 2022
Author: Abhay Ahuja
Bench: Dhiraj Singh Thakur, Abhay Ahuja
B. D. Prithiani
1
903-itxa-259.15.doc
Digitally signed
by BIPIN
DHARMENDER
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BIPIN
DHARMENDER PRITHIANI
PRITHIANI Date:
2022.08.12
ORDINARY ORIGINAL CIVIL JURISDICTION
17:20:34 +0530
INCOME TAX APPEAL NO. 259 OF 2015
The Commissioner of Income Tax-4, Mumbai ... Appellant
Versus
M/s. India Capital Market Pvt. Ltd.
(formerly known as Niche Brokerage P. Ltd.) ... Respondent
******
Mr. P. A. Narayanan for the Appellant.
Mr. Anil K. Jasani for the Respondent.
******
CORAM: DHIRAJ SINGH THAKUR AND
ABHAY AHUJA, JJ.
DATE : 11th AUGUST, 2022 P.C. :-
. Learned Counsel for the Appellant states that the tax effect in the present Appeal is below the limit stipulated in terms of Circular No. 17 of 2019 dated 8th 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 effect.
3. However, we observe that in case, the Revenue finds for some reason that the Appeal was not supposed to have been withdrawn in the light of the Circular, it would be open to the Revenue to file an application/preceipe seeking restoration of the Appeal to be decided on its own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.]