((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 1608 OF 2004 The Commissioner of Income Tax ... Appellant Vs. M/s. Lok Housing ... Respondent Mr.S.M. Shah i/by Pankaj Kapoor for Petitioner. Mr. Keshav B. Bhujle for Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED: AUGUST 21, 2007 DATED: AUGUST 21, 2007 DATED: AUGUST 21, 2007 P.C.: P.C.: P.C.: . Though in the appeal memo it is set out that the tax effect is Rs.5,96,212/- we find from the assessment order for the year 1987-88 that the penalty imposed was in the sum of Rs.3,44,750/-. In other words, the tax incidence is less than Rs. 4 lakhs. . In the light of that, and considering the circular of C.B.D.T. the appeal as filed could not have been filed. Hence, appeal dismissed. No order as to costs. (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)