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of <h1>Income Tax Appeal Not Restored; 2024 Circular on TDS Issues Not Applied Retrospectively as per Precedent</h1> The Bombay HC declined to restore Income Tax Appeal No. 2062 of 2013, which was withdrawn or disposed of on 25th October 2024. The court determined that ... Application for restoration of Income Tax Appeal which was allowed to be withdrawn or disposed - HELD THAT:- This appeal was instituted in 2013. At that time, instructions dated 9th February 2011 were in force. The exceptions in clause (8) of this Instruction did not include appeals on TDS issues. The exception regarding TDS issues was introduced only under Circular No. 5 of 2024, dated 15th March, 2024. In V. M. Salgaocar and Brothers (P) Limited [2024 (12) TMI 717 - BOMBAY HIGH COURT] this Court has held that the exception in Circular No. 5 of 2024, dated 15th March 2024, cannot be applied retrospectively. The increased tax effect ceiling would apply even to pending appeals. Therefore, by following the reason in V. M. Salgaocar and Brothers (P) Limited [2024 (12) TMI 717 - BOMBAY HIGH COURT] this appeal was correctly withdrawn or disposed of as recorded in the order dated 25th October 2024. Incidentally, the decision in V. M. Salgaocar and Brothers (P) Limited [2024 (12) TMI 717 - BOMBAY HIGH COURT] was followed in the context of the issue very similar to the one now raised in the case of The Principal Commissioner of Income Tax-23, Mumbai Versus M/s IPL Loan Trust [2025 (2) TMI 453 - BOMBAY HIGH COURT] We decline restoration and maintain our earlier orders. Bombay High Court, Citation: 2025 (3) TMI 1231. Summary: Application for restoration of Income Tax Appeal No.2062 of 2013 denied. The appeal, instituted in 2013, was governed by Instruction No.3 of 2011 (9 Feb 2011), whose exceptions did not include 'appeals on TDS issues.' The exception for TDS matters was introduced only by Circular No.5 of 2024 (15 Mar 2024). Relying on the earlier decision in Commissioner of Income Tax v. V. M. Salgaocar and Brothers (P) Limited, the court held that the Circular's exception 'cannot be applied retrospectively,' although the 'increased tax effect ceiling would apply even to pending appeals.' Applying that reasoning, the court found no case for restoration and upheld the order dated 25 October 2024 allowing withdrawal/disposal. All praecipes in these appeals are disposed of.
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