COMMISSIONER OF INCOME TAX-III vs. M/S PAREKH ISHWARLAL CHUNILAL

PDF · subscribers
TAXAP/43/2011HC GujaratGJHC24044932201131 July 2020Bench: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH,HONOURABLE MR. JUSTICE J.B.PARDIWALA2 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 Court referred to Circular No. 17/2019, which sets monetary limits for appeals before various authorities, including the High Court (Rs. 1,00,00,000). Since the appeal was not pressed by the Revenue in view of the low tax effect and the policy outlined in the circular, the Court disposed of the appeal accordingly. The Revenue was granted liberty to revive the appeal in case of any difficulty. No specific finding on the merits of the original assessment or the grounds of appeal was made.

What were the facts?

This matter concerns a Tax Appeal filed by the Commissioner of Income Tax-III (the Revenue) against M/s. Parekh Ishwarlal Chunilal (the assessee). The appeal was listed for an appropriate order. The appeal was notified for disposal due to a low tax effect, in accordance with 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 Revenue in light of this circular.

What were the issues?

1. Whether the appeal should be disposed of due to low tax effect as per Circular No. 17/2019? The Revenue argued that the appeal is not pressed in view of the low tax effect, referencing Circular No. 17/2019. The assessee's arguments are not recorded in the judgment. The core of the matter is the application of the CBDT's policy on monetary limits for appeals to the present case.

AI-generated summary — verify with the full judgment below

C/TAXAP/43/2011 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 43 of 2011 ========================================================== COMMISSIONER OF INCOME TAX-III Versus M/S PAREKH ISHWARLAL CHUNILAL ========================================================== 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 THE CHIEF JUSTICE MR. VIKRAM NATH and HONOURABLE MR. JUSTICE J.B.PARDIWALA

Date : 31/07/2020

ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH) 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/43/2011 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 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. (VIKRAM NATH, CJ) (J. B. PARDIWALA, J) ALI ISTAYAK Page 2 of 2

Recent GST High Court judgments

Search GST case law →