COMMISSIONER OF INCOME TAX,AHMEDABAD-III vs. JAIDEEP RAVINDRA AGARWAL C/O RAVINDRA M AGARWAL

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TAXAP/1041/2011HC GujaratGJHC24045300201111 February 2019Bench: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE DR. JUSTICE A. P. THAKER2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal noted that it is an admitted position between the parties that the tax effect involved in the appeal is less than Rs. 50,00,000/-. In light of Circular No. 3/2018 dated 11th July, 2018, which mandates that no appeal with a tax effect not exceeding Rs. 50,00,000/- shall be filed before the High Court and has retrospective applicability to pending appeals, the learned Senior Standing Counsel for the appellant (Revenue) did not press the appeal. Consequently, the appeal was disposed of as not pressed. The Tribunal also granted liberty to the appellant to seek revival of the appeal if there was any error in the computation of the tax effect or if the circular was not applicable for any reason. No specific issue was left undecided, as the appeal was withdrawn by the appellant.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax, Ahmedabad-III (the Revenue) against Jaideep Ravindra Agarwal (the assessee). The appeal pertains to an assessment year not explicitly stated in the provided text. The order or action under challenge is the Revenue's appeal to the High Court. The procedural history is that the appeal was filed by the Revenue. A key fact is that both parties admitted that the tax effect involved in the appeal is less than Rs. 50,00,000/-. This admission led to the appeal being disposed of without a decision on its merits.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the High Court, given the tax effect involved? The Revenue, through its learned Senior Standing Counsel, did not press the present appeal. This was in light of Circular No. 3/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes. This circular stipulates that no appeal shall be filed before the High Court if the tax effect does not exceed Rs. 50,00,000/-, and it has been made retrospectively applicable to pending appeals. The assessee, represented by its learned advocate, did not present any arguments as the Revenue chose not to press the appeal.

AI-generated summary — verify with the full judgment below

C/TAXAP/1041/2011 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1041 of 2011 ========================================================== COMMISSIONER OF INCOME TAX,AHMEDABAD-III Versus JAIDEEP RAVINDRA AGARWAL C/O RAVINDRA M AGARWAL ========================================================== Appearance: MRS MAUNA M BHATT(174) for the APPELLANT MR B S SOPARKAR(6851) for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE DR.JUSTICE A. P. THAKER

Date : 11/02/2019

ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mrs. Mauna Bhatt, learned Senior Standing Counsel for the appellant and Mr. B. S. Soparkar, learned advocate for the respondent. 2. It is an admitted position between the parties that the tax effect involved in this appeal is less than Rs.50,00,000/-. Under the circumstances, in the light of the Circular No.3/2018 dated 11th July, 2018 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes which provides that no appeal wherein the tax effect does not exceed the monetary limit of Rs.50,00,000/- shall be filed before the High Court and has also been made retrospectively applicable to pending appeals, the learned senior standing counsel for the appellant does not press the present appeal. Page 1 of 2

C/TAXAP/1041/2011 ORDER 3. The appeal is accordingly disposed of as not pressed in the light of the Circular dated 11th July, 2018. However, in case there is any error in the computation of the tax effect involved or if for any reason, the circular is not applicable, it would be open for the appellant to seek revival of the appeal. (HARSHA DEVANI, J) (A. P. THAKER, J) Vijay Page 2 of 2

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