PRIN. COMMISSIONER OF INCOME TAX 1 vs. ALFA ICA (INDIA) LTD

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TAXAP/418/2015HC GujaratGJHC24047836201527 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 noted that the appeal was listed for passing an appropriate order due to its low tax effect. The Revenue explicitly stated that the appeal was not pressed in view of the low tax effect, citing CBDT Circular No. 17/2019. This circular establishes monetary limits for appeals, with appeals before the High Court having a limit of Rs. 1,00,00,000. In light of the Revenue's decision not to press the appeal based on this circular, the High Court disposed of the appeal accordingly. The Court reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific issue regarding the merits of the original assessment or ITAT order was decided.

What were the facts?

The Principal Commissioner of Income Tax (Revenue) filed a Tax Appeal before the High Court of Gujarat at Ahmedabad against an order of the Income Tax Appellate Tribunal (ITAT). The appeal was listed for passing an appropriate order due to its low tax effect. The Revenue decided not to press the appeal in light of Circular No. 17/2019, dated August 8, 2019, issued by the Central Board of Direct Taxes (CBDT). This circular outlines monetary limits for filing appeals. The appeal was disposed of in accordance with this policy.

What were the issues?

1. Whether the appeal should be dismissed due to low tax effect, considering CBDT Circular No. 17/2019? (Question of law) Assessee's contentions: The assessee did not make any specific contentions recorded in the judgment. However, the appeal was not pressed by the Revenue. Revenue's contentions: The Revenue stated that the appeal was not pressed in view of the low tax effect, referencing CBDT Circular No. 17/2019, dated August 8, 2019. The circular provides monetary limits for appeals before various authorities, including High Courts, which was Rs. 1,00,00,000. The appeal was disposed of in accordance with this policy.

AI-generated summary — verify with the full judgment below

C/TAXAP/418/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 418 of 2015 ========================================================== PRIN. COMMISSIONER OF INCOME TAX 1 Versus ALFA ICA (INDIA) LTD ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 M/S TRIVEDI & GUPTA(949) 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/418/2015 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

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