COMMISSIONER OF INCOME TAX vs. FRIENDS LAND DEVELOPMENT CO.

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TAXAP/195/2013HC GujaratGJHC24043302201327 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 decided to dispose of the Tax Appeal based on the Revenue's submission that it was not pressed due to a low tax effect. The Court referred to Circular No. 17/2019, dated August 8, 2019, issued by the CBDT, which outlines monetary limits for filing appeals. For appeals before the High Court, the monetary limit is Rs. 1,00,00,000. Since the appeal was deemed to have a low tax effect in light of this circular, it was disposed of accordingly. The Court explicitly reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific findings on the merits of the original dispute were made, as the appeal was not pressed.

What were the facts?

This matter concerns a Tax Appeal filed by the Commissioner of Income Tax (Revenue) against Friends Land Development Co. (Assessee). The appeal was notified for an appropriate order by the Registry due to a low tax effect. The appeal was filed against an order passed by the Income Tax Appellate Tribunal (ITAT). The specific assessment year(s) and the amount in dispute are not recorded in the judgment. The procedural history leading to this appeal before the High Court is not detailed, other than it being a Tax Appeal.

What were the issues?

1. Whether the appeal should be entertained given the low tax effect, in light of Circular No. 17/2019 issued by the CBDT? (Question of law) Assessee's Contentions: The judgment does not record any specific contentions from the assessee. The appeal is disposed of based on the Revenue's stance. Revenue's Contentions: The Revenue submitted that the appeal is not pressed due to the low tax effect, referencing Circular No. 17/2019. This circular sets monetary limits for filing appeals before various authorities, including the High Court, which is stated to be Rs. 1,00,00,000. The appeal is being disposed of in accordance with this circular.

AI-generated summary — verify with the full judgment below

C/TAXAP/195/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 195 of 2013 ========================================================== COMMISSIONER OF INCOME TAX Versus FRIENDS LAND DEVELOPMENT CO. ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MR B S SOPARKAR(6851) 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 Page 1 of 2

C/TAXAP/195/2013 ORDER referred to above, the table for monetary limits is as follows: Sr. No. Appeals/SLPs in Income Tax 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

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) Vahid Page 2 of 2

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