IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO. 3 OF 2006 THE COMMISSIONER OF INCOME TAX, PANAJI GOA ... Appellant Versus SHRI M. N. NINAN, PANAJI GOA. ... Respondent Ms. Asha Dessai, Advocate for the appellant. Ms. Amina M. Phadte alias Shaikh, Advocate for the respondent. Coram:- D. G. KARNIK & F. M. REIS, JJ. Date:- 6th October, 2010 P.C.:- 1. Heard learned Counsel for the parties. Learned Counsel for the respondent-assessee submits that in view the Circular bearing Instruction No.5/2008, dated 15th May, 2008 issued by the Central Board of Direct Taxes (CBDT) and the decision of this Court in Commissioner of Income-tax vs. Pithwa Engg. Works, 2005(5) Bom.C.R. 41, the appeal would not survive. By the said Circular, the CBDT has directed that an appeal having net tax effect of less than 4.00 lakhs shall not be filed in the High Court. In Commissioner of Income-tax vs. Pithwa Engg. Works (supra), this Court has held that the circular is applicable even in respect of the appeals which are pending in this Court on the date of decision. 2. Perusal of the record shows that the tax assessed by the Assessing Officer was Rs.2,27,050/- and was reduced by the Commissioner of Appeals. Thus, the net tax effect is less than Rs.4.00 lakhs. The appeal, therefore, does not survive and is disposed of. D. G. KARNIK, J. F. M. REIS, J. ssm.