PR. COMMISSIONER OF INCOME TAX-1 vs. JAGDAMBA CORPORATION

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TAXAP/348/2017HC GujaratGJHC24056907201714 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 Revenue's learned senior standing counsel stated that the tax effect involved in the appeal was less than Rs. 1,00,00,000/-. In light of Circular No. 17 of 2019 dated 08.08.2019, 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 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 Tribunal 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. No specific issue was left undecided, as the appeal was withdrawn by the appellant.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-1 (the Revenue) against Jagdamba Corporation (the assessee). The assessment year(s) are not specified. The order or action under challenge is the appeal itself, filed before the High Court. The procedural history is that the Revenue's counsel stated that the tax effect involved in the appeal was 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 and which is retrospectively applicable to pending appeals.

What were the issues?

1. Whether the present appeal, involving a tax effect less than Rs. 1,00,00,000/-, is maintainable before the High Court in light of Circular No. 17 of 2019 dated 08.08.2019? Assessee's contentions: The assessee did not present any arguments as the appeal was disposed of based on the Revenue's submission. Revenue's contentions: The Revenue, through its learned senior standing counsel, stated that the tax effect involved in the appeal is less than Rs. 1,00,00,000/-. Relying on Circular No. 17 of 2019 dated 08.08.2019, which prohibits filing appeals with a tax effect not exceeding Rs. 1,00,00,000/- before the High Court and which is retrospectively applicable, the Revenue did not press the appeal.

AI-generated summary — verify with the full judgment below

C/TAXAP/348/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 348 of 2017 ========================================================== PR. COMMISSIONER OF INCOME TAX-1 Versus JAGDAMBA CORPORATION ========================================================== Appearance: MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1 MS VAIBHAVI K PARIKH(3238) 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 Ms.Vaibhavi K. Parikh, 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 Page 1 of 2

C/TAXAP/348/2017 ORDER has also been made retrospectively applicable to 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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