PRINCIPAL COMMISSIONER OF INCOME TAX-2 vs. INTAS PHARMACEUTICALS LTD

PDF · subscribers
TAXAP/317/2016HC GujaratGJHC24051731201627 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 appeal in accordance with Circular No. 17/2019, dated August 8, 2019, due to the low tax effect. The appeal was not pressed by the Revenue. The Court noted the monetary limits for appeals before various authorities as per the circular, with appeals before the High Court having a limit of Rs. 1,00,00,000. The operative direction was to dispose of the appeal accordingly. The Court reserved liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific issue regarding the merits of the income tax assessment was decided.

What were the facts?

The appeal, C/TAXAP/317/2016, was filed by the Principal Commissioner of Income Tax-2 against Intas Pharmaceuticals Ltd. The appeal was listed for an order concerning its low tax effect. The appeal was to be disposed of in light of Circular No. 17/2019 dated August 8, 2019, issued by the Central Board of Direct Taxes. This circular outlines monetary limits for filing appeals. The appeal was not pressed by the appellant due to the low tax effect, as per the aforementioned circular.

What were the issues?

1. Whether the appeal should be dismissed on the grounds of low tax effect, in accordance with Circular No. 17/2019? The appellant (Revenue) argued that the appeal was not pressed due to the low tax effect, referencing Circular No. 17/2019. The respondent (Assessee) did not record any specific arguments in the judgment. The judgment does not explicitly state the specific provision of the Income Tax Act that was the subject of the original dispute, only that the appeal itself was being considered under the purview of the circular concerning monetary limits for appeals.

AI-generated summary — verify with the full judgment below

C/TAXAP/317/2016 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 317 of 2016 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX-2 Versus INTAS PHARMACEUTICALS LTD ========================================================== 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. Page 1 of 2

C/TAXAP/317/2016 ORDER 3. According to the new policy as reflected from the Circular referred to above, the table for monetary limits is as follows: Sr.No. Appeals/SLPs in Income-tax matters Monetray

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) (BHARGAV D. KARIA, J) PALAK Page 2 of 2

Recent GST High Court judgments

Search GST case law →