PR. COMMISSIONER OF INCOME TAX AHMEDABAD 4 vs. TORRENT POWER SEC LTD (NOW MERGED WITH TORRENT POWER)

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TAXAP/409/2015HC GujaratGJHC24047835201525 February 2019Bench: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE DR. JUSTICE A. P. THAKER2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court held that since the tax effect involved in the appeal was less than Rs. 50,00,000/-, and in light of Circular No. 3/2018 which provides that no appeal with such a tax effect shall be filed before the High Court and has retrospective applicability, the learned senior standing counsel for the appellant did not press the appeal. Consequently, the appeal was disposed of as not pressed. The court 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, the appellant would be at liberty to seek revival of the appeal. No specific legal principle was established as the appeal was withdrawn on a procedural ground.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax, Ahmedabad 4, against Torrent Power Sec Ltd (now merged with Torrent Power). The assessment years are not specified. The appeal challenges an order or action, the nature of which is not detailed in the provided text. The procedural history indicates that the appeal was filed before the High Court of Gujarat at Ahmedabad. A key fact is that the tax effect involved in the appeal was admitted by both parties to be less than Rs. 50,00,000/-.

What were the issues?

The High Court was not required to decide any substantive issues of law or fact. The sole point for consideration was the applicability of Circular No. 3/2018 issued by the Central Board of Direct Taxes. The appellant's counsel, Mrs. Mauna Bhatt, did not press the appeal. The respondent's counsel, Mr. B. S. Soparkar, was also present. The appellant's decision not to press the appeal was based on the aforementioned circular, which stipulates that no appeal with a tax effect not exceeding Rs. 50,00,000/- should be filed before the High Court and is retrospectively applicable to pending appeals.

AI-generated summary — verify with the full judgment below

C/TAXAP/409/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 409 of 2015 ========================================================== PR. COMMISSIONER OF INCOME TAX AHMEDABAD 4 Versus TORRENT POWER SEC LTD (NOW MERGED WITH TORRENT POWER) ========================================================== 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 MS.JUSTICE HARSHA DEVANI and HONOURABLE DR.JUSTICE A. P. THAKER

Date : 25/02/2019

ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mrs. Mauna Bhatt, learned Senior Standing Counsel for the appellant and Mr. B. S. Soparkar, learned advocate for the respondent. 2. It is an admitted position between the parties that the tax effect involved in this appeal is less than Rs.50,00,000/-. Under the circumstances, in the light of the Circular No.3/2018 dated 11th July, 2018 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.50,00,000/- shall be filed before the High Court and has also been made retrospectively applicable to pending appeals, the learned senior standing counsel for the appellant does not press the present appeal. Page 1 of 2

C/TAXAP/409/2015 ORDER 3. The appeal is accordingly disposed of as not pressed in the light of the Circular dated 11th July, 2018. 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) (A. P. THAKER, J) Vijay Page 2 of 2

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