PRINCIPAL COMMISSIONER OF INCOME-TAX, AHMEDABAD-3, vs. M/S OMNI LENS PVT. LTD.

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TAXAP/1035/2017HC GujaratGJHC24057247201727 January 2020Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MR. JUSTICE BHARGAV D. KARIA2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the appeal was not pressed by the Revenue in view of the low tax effect, as per Circular No. 17/2019. This circular sets monetary limits for appeals, with a limit of Rs. 1,00,00,000 for appeals before the High Court. Consequently, the Court disposed of the tax appeal accordingly. The Revenue was granted liberty to revive the tax appeal in case of any difficulty. No specific findings were made on the merits of the case, as the decision was based on administrative policy regarding low tax effect.

What were the facts?

The appeal was filed by the Principal Commissioner of Income-Tax, Ahmedabad-3, against M/s Omni Lens Pvt. Ltd. The appeal was notified for an appropriate order due to low tax effect. The appeal was to be disposed of in light of Circular No. 17/2019, dated August 8, 2019, issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes. This circular outlines new monetary limits for filing appeals. The judgment does not specify the assessment year(s) or the specific order or action under challenge, nor does it state the amount in dispute.

What were the issues?

1. Whether the appeal should be dismissed on the grounds of low tax effect, as per Circular No. 17/2019? Assessee's contention: The assessee did not explicitly argue any points. However, the appeal was not pressed by the Revenue in view of the low tax effect and the aforementioned circular. Revenue's contention: The Revenue did not press the appeal due to the low tax effect, citing Circular No. 17/2019. The circular establishes monetary limits for appeals before various authorities, with appeals before the High Court having a limit of Rs. 1,00,00,000. The appeal was notified for disposal in accordance with this circular.

AI-generated summary — verify with the full judgment below

C/TAXAP/1035/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1035 of 2017 ========================================================== PRINCIPAL COMMISSIONER OF INCOME-TAX, AHMEDABAD-3, Versus M/S OMNI LENS PVT. 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 BHARGAV D. KARIA

Date : 27/01/2020

ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. The Registry has notified the appeal for the purpose of passing an appropriate order. The captioned appeal has been notified because of the low tax effect. The appeal is 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. 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 Circular referred to above, the table for monetary limits is as follows: Page 1 of 2

C/TAXAP/1035/2017 ORDER 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, the appeal is disposed of accordingly. In case of any difficulty, we reserve the liberty for the Revenue to revive the tax appeal. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) KUMAR ALOK Page 2 of 2

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