COMMISSIONER OF INCOME TAX II vs. GUJARAT AGRO INDUSTRIES CORPORATION LTD

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TAXAP/930/2014HC GujaratGJHC24045109201427 November 2018Author: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE DR. JUSTICE A. P. THAKER1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the permission as prayed for by the appellant. Consequently, the appeal was dismissed as withdrawn. The Court also granted liberty to the appellant to revive the appeal if any discrepancy comes to notice at a later stage after the withdrawal, acknowledging that human error cannot be ruled out. The Court did not decide on the merits of the original tax appeal.

What were the facts?

The appeal was filed by the Commissioner of Income Tax II against Gujarat Agro Industries Corporation Ltd. The assessment year(s) are not specified in the judgment. The order or action under challenge is the appeal itself, filed before the High Court of Gujarat. The procedural history involves the appellant's counsel submitting a note and a communication from the Joint Commissioner of Income Tax (Judicial) instructing withdrawal. The reason for withdrawal was that the tax effect was below the monetary limit of Rs. 50,00,000/- and the case did not fall under exceptional clauses of CBDT Circular No. 3/2018. The amount in dispute is not explicitly stated, only the tax effect being below Rs. 50,00,000/-.

What were the issues?

The Tribunal had to decide whether to grant permission to withdraw the appeal. The appellant (Revenue) argued for withdrawal based on the tax effect being below the monetary limit prescribed by CBDT Circular No. 3/2018 and the case not falling into any exceptional categories. The appellant also sought to reserve a right to revive the appeal if any discrepancy is discovered later due to potential human error. The respondent (Assessee) is not recorded as having made any arguments in this specific proceeding.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/TAXAP/930/2014 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 930 of 2014 ========================================================== COMMISSIONER OF INCOME TAX II Versus GUJARAT AGRO INDUSTRIES CORPORATION LTD ========================================================== Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 MR MANISH J SHAH(1320) for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE DR.JUSTICE A. P. THAKER Date : 27/11/2018

ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

1.

Ms. Mauna Bhatt, learned Senior Standing Counsel for the appellant has submitted a note together with a communication dated 29.10.2018 of the Joint Commissioner of Income Tax (Judicial), for Principal Chief Commissioner of Income Tax, Gujarat, Ahmedabad, instructing her to withdraw the appeal as the tax effect is below the monetary limit of Rs.50,00,000/- and the case does not fall in the exceptional clauses as per the CBDT Circular No.3/2018 dated 11.07.2018, reserving a right to revive the appeal in case any discrepancy comes to notice at a later stage after withdrawal of the appeal as human error cannot be ruled out.

2.

Permission as prayed for is granted. The appeal is dismissed as withdrawn with liberty as aforesaid. (HARSHA DEVANI, J) (A. P. THAKER, J) Vijay

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