COMMISSIONER OF INCOME TAX - CENTRAL - I vs. RAVINDRA M AGARWAL

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TAXAP/232/2012HC GujaratGJHC24042820201227 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 captioned appeal was notified for passing an appropriate order due to its low tax effect. The Court referred to Circular No. 17/2019, dated August 8, 2019, which sets monetary limits for appeals. The Court observed that the appeal was not pressed by the Revenue in view of the low tax effect, as per the new policy reflected in the circular. The monetary limits stipulated in the circular for appeals before the High Court are Rs. 1,00,00,000. The Court disposed of the appeal accordingly, reserving liberty for the Revenue to revive it in case of any difficulty. No specific finding on the merits of the original assessment or the order under challenge was made.

What were the facts?

This is a Tax Appeal filed by the Commissioner of Income Tax - Central - I (the Revenue) against Ravindra M. Agarwal (the assessee). The appeal was notified for passing an appropriate order due to its low tax effect. The appeal is being disposed of in light of Circular No. 17/2019 dated August 8, 2019, issued by the Central Board of Direct Taxes. This circular provides revised monetary limits for filing appeals. The appeal was not pressed by the Revenue.

What were the issues?

1. Whether the appeal should be dismissed on the grounds of low tax effect, as per Circular No. 17/2019? The Revenue's contention is that the appeal is not pressed due to the low tax effect, aligning with the policy outlined in Circular No. 17/2019. The assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

C/TAXAP/232/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 232 of 2012 ================================================================ COMMISSIONER OF INCOME TAX - CENTRAL - I Versus RAVINDRA M AGARWAL ================================================================ Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 RULE SERVED(64) 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/232/2012 ORDER 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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