COMMISSIONER OF INCOME TAX, CENTRAL - II vs. ELLORA TIME LIMITED (NOW KNOWN AS AJANTA LIMITED)

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TAXAP/1020/2010HC GujaratGJHC24046144201009 September 2019Bench: 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 both tax appeals are disposed of as not pressed. The reasoning is based on the revenue's decision not to press the appeals in light of CBDT Circular No. 17/2019, which sets revised monetary limits for appeals. The circular establishes a monetary limit of Rs. 1,00,00,000 for appeals before the High Court. Consequently, the appeals were dismissed on this ground. The court also reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific issue was left undecided; the appeals were disposed of based on the revenue's submission.

What were the facts?

These are two tax appeals filed by the Commissioner of Income Tax Central-II against M/s Ellora Times Ltd (now Ajanta Ltd). The appeals were notified for passing appropriate orders due to low tax effect. The appeals were filed against an order or action of the Income Tax Appellate Tribunal (ITAT), though the specific assessment year(s) and the amount in dispute are not explicitly stated in the provided text. The procedural history indicates that the appeals were brought before the High Court of Gujarat at Ahmedabad.

What were the issues?

1. Whether the appeals should be dismissed due to low tax effect, considering the revised monetary limits prescribed by the Central Board of Direct Taxes (CBDT) Circular No. 17/2019 dated August 8, 2019? Assessee's Contention: The assessee did not present any arguments as the appeals were not pressed by the revenue. Revenue's Contention: The revenue argued that both tax appeals are not pressed in view of the low tax effect, having regard to CBDT Circular No. 17/2019. The circular provides updated monetary limits for filing appeals before various authorities, including the High Court at Rs. 1,00,00,000.

AI-generated summary — verify with the full judgment below

C/TAXAP/2624/2010 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 2624 of 2010 With R/TAX APPEAL NO. 1020 of 2010 ========================================================== COMMISSIONER OF INCOME TAX CENTRAL-II Versus M/S ELLORA TIMES LTD (NOW AJANTA LTD) ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 DARSHAN R PATEL(8486) 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. The Registry has notified the captioned appeals for the purpose of passing appropriate orders. The captioned appeals have been notified because of the low tax effect. These appeals are to be disposed of keeping in mind 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. 2. Both the tax appeals are 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 Circular referred Page 1 of 2

C/TAXAP/2624/2010 ORDER to above, the table for monetary limits is as follows: Sr. No. Appeals/SLPs in Incometax 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, both the appeals are disposed of accordingly. In case of any difficulty, we reserve the liberty for the Revenue to revive the tax appeal. (J. B. PARDIWALA, J) (A. C. RAO, J) aruna Page 2 of 2

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