PR. COMMISSIONER OF INCOME TAX, SURAT 1 vs. AMIT MATHURDAS KANERIA

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TAXAP/629/2019HC GujaratGJHC24020969201909 September 2019Author: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MR. JUSTICE A.C. RAO2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court held that the tax appeal is not pressed by the Revenue in view of the low tax effect, as per Circular No. 17/2019 dated 8th August, 2019. The circular establishes monetary limits for appeals, with appeals before the High Court having a limit of Rs. 1,00,00,000. The Court noted that in view of the aforesaid circular and the decision not to press the appeal, the tax appeal is disposed of accordingly. The specific finding on the merits of the tax appeal is not addressed as the appeal was not pressed. The operative direction is to dispose of the appeal. No issue was expressly left undecided.

What were the facts?

This is a tax appeal filed by the Principal Commissioner of Income Tax, Surat (the Revenue) against Amit Mathurdas Kaneria (the assessee). The appeal is filed under Section 260A of the Income Tax Act, 1961. The appeal is before the High Court of Gujarat at Ahmedabad. The procedural history indicates that the appeal was listed for hearing on 09/09/2019. The amount in dispute is not explicitly stated in the provided text.

What were the issues?

1. Whether the appeal should be entertained by the High Court, considering the monetary limits prescribed by CBDT Circular No. 17/2019. (Question of law) The Revenue's contention is that the appeal is not pressed due to a low tax effect, as per Circular No. 17/2019, dated 8th August, 2019. This circular specifies monetary limits for filing appeals before various authorities, including the High Court. The Revenue relies on this circular to justify not pressing the appeal. The Assessee's contention is not recorded in the provided judgment text. The judgment only states that the appeal is not pressed by the Revenue.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/TAXAP/629/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 629 of 2019 ============================================= PR. COMMISSIONER OF INCOME TAX, SURAT 1 Versus AMIT MATHURDAS KANERIA ============================================= Appearance: MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1 MR MANISH J SHAH(1320) for the Opponent(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO Date : 09/09/2019

ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1.

This tax appeal under Section 260A of the Income Tax Act, 1961 (for short ‘The Act, 1961’) is at the instance of the Revenue.

2.

This tax appeal is not pressed in view of the low tax effect having regard to the Circular No.17/2019, dated 8th August, 2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes, New Delhi.

3.

According to the new policy as reflected from the C/TAXAP/629/2019 ORDER Circular referred to above, the table for monetary limits is as follows : Sr. No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1 Before Appellate Tribunal 50,00,000 2 Before High Court 1,00,00,000 3 Before Supreme Court 2,00,00,000

4.

In view of the aforesaid, this tax appeal is disposed of accordingly. (J. B. PARDIWALA, J) (A. C. RAO, J) Dolly

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