COMMISSIONER OF INCOME TAX AHMEDABAD III vs. PANKAJ EXTRUSIONS LTD

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TAXAP/1291/2014HC GujaratGJHC24045267201427 January 2020Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MR. JUSTICE BHARGAV D. KARIA2 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal decided that the appeal should be disposed of in accordance with Circular No. 17/2019 due to the low tax effect. The reasoning is that the appeal falls within the monetary limits prescribed by the circular for not being pressed. The ratio is that appeals with a low tax effect, as defined by the CBDT circulars, are to be withdrawn or not pressed. The operative direction is that the appeal is disposed of accordingly. The Revenue is granted liberty to revive the tax appeal in case of any difficulty. No issue was expressly left undecided.

What were the facts?

This matter concerns a Tax Appeal filed by the Commissioner of Income Tax, Ahmedabad III, against Pankaj Extrusions Ltd. The appeal was listed for an appropriate order due to a low tax effect. The appeal is being 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. The circular outlines new monetary limits for filing appeals. The appeal was not pressed by the appellant.

What were the issues?

1. Whether the appeal should be dismissed due to low tax effect, as per Circular No. 17/2019? The Revenue (Appellant) argued that the appeal is not pressed in view of the low tax effect, citing Circular No. 17/2019. The Assessee (Opponent) did not record any arguments. The circular specifies monetary limits for appeals before different authorities, with a limit of Rs. 1,00,000 for appeals before the High Court. The appeal is being disposed of based on this policy.

AI-generated summary — verify with the full judgment below

C/TAXAP/1291/2014 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1291 of 2014 ========================================================== COMMISSIONER OF INCOME TAX AHMEDABAD III Versus PANKAJ EXTRUSIONS LTD ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 RULE UNSERVED(68) 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/1291/2014 ORDER Sr. No. Appeals/SLPs in Incometax matters Monetary Limit (Rs.) 1 Before Appellate Tribunal 50,00,000 2 Before High Court 1,00,000 3 Before Supreme Court 2,00,000 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) CHANDRESH Page 2 of 2

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