PR.COMMISSIONER OF INCOME-TAX vs. M/S MICRO INKS LIMITED

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TAXAP/131/2016HC GujaratGJHC24051646201614 October 2019Bench: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE MS. JUSTICE SANGEETA K. VISHEN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal noted that the learned senior standing counsel for the appellant (Revenue) stated that the tax effect involved in the appeal is less than Rs. 1,00,00,000/-. In light of Circular No. 17 of 2019, dated 08.08.2019, which stipulates that no appeal with a tax effect not exceeding Rs. 1,00,00,000/- shall be filed before the High Court and which has been made retrospectively applicable to pending appeals, the Revenue did not press the present appeal. Consequently, the appeal was disposed of as not pressed. The High Court also noted that if there was any error in the computation of the tax effect or if the circular was not applicable for any reason, it would be open for the appellant to seek revival of the appeal.

What were the facts?

This matter concerns a Tax Appeal filed by the Principal Commissioner of Income-Tax (Revenue) against M/s. Micro Inks Limited (Assessee). The appeal was filed before the High Court of Gujarat at Ahmedabad. The learned senior standing counsel for the appellant stated that the tax effect involved in the appeal is less than Rs. 1,00,00,000/-. This statement was made in light of Circular No. 17 of 2019, dated 08.08.2019, issued by the CBDT, which mandates that no appeal with a tax effect not exceeding Rs. 1,00,00,000/- shall be filed before the High Court. This circular was also made retrospectively applicable to pending appeals.

What were the issues?

1. Whether the appeal is maintainable before the High Court given the tax effect involved, in light of Circular No. 17 of 2019? (Question of law) Assessee's Contention: The assessee did not present any arguments as the appeal was not pressed by the revenue. Revenue's Contention: The learned senior standing counsel for the appellant (Revenue) stated that the tax effect involved in the appeal is less than Rs. 1,00,00,000/-. Relying on Circular No. 17 of 2019, which provides that appeals with a tax effect not exceeding Rs. 1,00,00,000/- should not be filed before the High Court and is applicable retrospectively to pending appeals, the Revenue stated that they do not press the present appeal.

AI-generated summary — verify with the full judgment below

C/TAXAP/131/2016 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 131 of 2016 ========================================================== PR.COMMISSIONER OF INCOME-TAX Versus M/S MICRO INKS LIMITED ========================================================== Appearance: MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1 MR RK PATEL(1082) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

Date : 14/10/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mrs.Kalpana K. Raval, learned senior standing counsel for the appellant and Mr.R.K. Patel, learned advocate for the respondent. 2. Mrs.Kalpana K. Raval, learned senior standing counsel for the appellant, has stated that the tax effect involved in this appeal is less than Rs.1,00,00,000/-. Under the circumstances, in the light of the Circular No.17 of 2019 dated 08.08.2019 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.1,00,00,000/- shall be filed before the High Court and which has also been made retrospectively applicable to Page 1 of 2

C/TAXAP/131/2016 ORDER pending appeals, the learned senior standing counsel for the appellant does not press the present appeal. 3. The appeal is, accordingly, disposed of as not pressed in light of the Circular dated 08.08.2019. 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) (SANGEETA K. VISHEN,J) RAVI P. PATEL Page 2 of 2

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