2024 (10) TMI 1643 - HC - Income Tax

Maintainability of appeal on low tax effect - HELD THAT - As Assessee has submitted that all these appeals would stand covered by a circular issued by the CBDT dated 17 September 2024 considering the tax effect. We accept such statement as made on behalf of the assessee. As the tax involved in these appeals for the assessment year 2005-06 2006-07 2007-08 and 2008-09 we dispose of these appeals with liberty to the revenue to revive the proceedings in the event it is revealed that they are not covered by the circular dated 17 September 2024. Liberty to apply.

Summary

In the case before the Bombay High Court, presided over by Justices G. S. Kulkarni and Nivedita P. Mehta, the appellant was represented by Mr. P. C. Chhotaray, and the respondents by Mr. Rajesh Poojary. The court noted the absence of Mr. Poojary, who was to appear for the revenue.The learned counsel for the assessee argued that the appeals were covered by a CBDT circular dated 17 September 2024, due to the tax effect. The court accepted this submission, indicating that the appeals for the assessment years 2005-06 to 2008-09 were disposed of on this basis. However, the court granted "liberty to the revenue to revive the proceedings" if it is later found that the appeals are not covered by the said circular. Additionally, the court ordered a "refund of Court fees as per rules" and concluded the matter with "no costs."