COMMISSIONER OF INCOME TAX-V vs. NIMA SPECIFIC FAMILY TRUST

PDF · subscribers

TAXAP/369/2010HC GujaratGJHC24046049201009 September 2019Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MR. JUSTICE A.C. RAO2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court decided to dispose of the tax appeal. The reasoning is based on Circular No. 17/2019, which sets monetary limits for appeals. Since the tax effect of this appeal was below the prescribed limit for High Court appeals (Rs. 1,00,00,000), the Revenue chose not to press the appeal. The Court noted that the appeal was not pressed due to the low tax effect as per the circular. The operative direction is that the appeal is disposed of accordingly. The Court also reserved liberty for the Revenue to revive the tax appeal in case of any difficulty.

What were the facts?

This is a Tax Appeal filed by the Commissioner of Income Tax-V (the Revenue) against Nima Specific Family Trust (the assessee). The appeal was notified for an appropriate order due to 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 outlines new monetary limits for filing appeals. The appeal was not pressed by the Revenue in view of these revised limits.

What were the issues?

1. Whether the appeal should be dismissed due to low tax effect, as per Circular No. 17/2019? Assessee's Contention: The assessee did not explicitly present arguments in the provided text. However, the appeal's disposal is based on the Revenue's decision not to press it due to low tax effect. Revenue's Contention: The Revenue stated that the appeal is not pressed in view of the low tax effect, referencing Circular No. 17/2019, dated August 8, 2019. This circular establishes monetary limits for appeals, with appeals before the High Court having a limit of Rs. 1,00,00,000.

AI-generated summary — verify with the full judgment below

C/TAXAP/369/2010 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 369 of 2010 ========================================================== COMMISSIONER OF INCOME TAX-V Versus NIMA SPECIFIC FAMILY TRUST ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MRS SWATI SOPARKAR(870) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO

Date : 09/09/2019

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/369/2010 ORDER Sr. No. Appeals/SLPs in Incometax 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) (A. C. RAO, J) aruna Page 2 of 2

Latest GST High Court judgments

Search GST case law →