PRINCIPAL COMMISSIONER OF INCOME TAX-1, vs. SHAH INVESTOR'S HOME LIMITED

PDF · subscribers
TAXAP/278/2017HC GujaratGJHC24056887201707 January 2022Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MS. JUSTICE NISHA M. THAKORE2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Gujarat at Ahmedabad decided to dispose of the appeal in view of the low tax effect, as per Circular No. 17/2019 dated August 8, 2019. The Court noted the policy reflected in the circular regarding monetary limits for appeals. Specifically, for appeals before the High Court, the monetary limit is Rs. 1,00,00,000. Since the present appeal had a low tax effect, it was not pressed by the Revenue. The Court disposed of the appeal accordingly, reserving liberty for the Revenue to revive the appeal in case of any difficulty. The specific finding on the merits of the original dispute is not recorded as the appeal was not pressed.

What were the facts?

The Principal Commissioner of Income Tax-1 filed a Tax Appeal before the High Court of Gujarat at Ahmedabad against Shah Investor's Home Limited. The appeal was notified for an appropriate order due to low tax effect. The appeal was filed against an order passed by an authority, the details of which are not specified in the provided text. The assessment year(s) are also not mentioned. The appeal was listed for hearing on January 7, 2022.

What were the issues?

1. Whether the appeal should be dismissed on the grounds of low tax effect, in light of Circular No. 17/2019 issued by the Central Board of Direct Taxes. The Revenue (Principal Commissioner of Income Tax-1) contended that the appeal is not pressed due to the low tax effect, referencing Circular No. 17/2019. The judgment does not record any specific arguments from the Assessee (Shah Investor's Home Limited) on this point.

AI-generated summary — verify with the full judgment below

C/TAXAP/278/2017 ORDER DATED: 07/01/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 278 of 2017 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX-1, Versus SHAH INVESTOR'S HOME LIMITED ========================================================== Appearance: MR MANISH R. BHATT, SENIOR ADVOCATE FOR M R BHATT & CO. (5953) 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 MS. JUSTICE NISHA M. THAKORE

Date : 07/01/2022

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 8 th 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 8 th 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/278/2017 ORDER DATED: 07/01/2022 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 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) (NISHA M. THAKORE,J) A. B. VAGHELA Page 2 of 2

Recent GST High Court judgments

Search GST case law →