CHIEF COMMISSIONER OF INCOME TAX (OSD) - CENTRAL - I vs. MEGHMANI INDUSTRIES LTD

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TAXAP/440/2012HC GujaratGJHC24042920201227 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 held that the appeal is not pressed in view of the low tax effect, as per Circular No. 17/2019 dated 8th August, 2019. The Court noted the monetary limits for appeals as per the new policy: Rs. 50,00,000 before the Appellate Tribunal, Rs. 1,00,00,000 before the High Court, and Rs. 2,00,00,000 before the Supreme Court. Since the current appeal falls under the category of low tax effect, it is disposed of accordingly. The Revenue is granted liberty to revive the tax appeal in case of any difficulty. No specific finding on the merits of the original dispute was made.

What were the facts?

This matter concerns a Tax Appeal filed by the Chief Commissioner of Income Tax (OSD) - Central - I against Meghmani Industries Ltd. The appeal was listed for an appropriate order by the Registry due to its low tax effect. The appeal was filed against an order of an authority, the details of which are not specified in the provided text. The procedural history indicates that the appeal was brought before the High Court of Gujarat at Ahmedabad.

What were the issues?

1. Whether the appeal should be dismissed due to low tax effect, considering the CBDT Circular No. 17/2019? (Question of law and fact) The Revenue (Appellant) argued that the appeal is not pressed in view of the low tax effect, citing Circular No. 17/2019. The Assessee (Opponent) did not present any arguments in the provided text. The judgment does not record any specific arguments from the Assessee.

AI-generated summary — verify with the full judgment below

C/TAXAP/440/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 440 of 2012 ================================================================ CHIEF COMMISSIONER OF INCOME TAX (OSD) - CENTRAL - I Versus MEGHMANI INDUSTRIES LTD ================================================================ 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 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. 3. According to the new policy as reflected from the Circular Page 1 of 2

C/TAXAP/440/2012 ORDER 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

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) Vahid Page 2 of 2

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