COMMISSIONER OF INCOME TAX-III vs. ISHWARDAS B RAMCHANDANI

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TAXAP/468/2011HC GujaratGJHC24045029201131 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 held that the appeal is not pressed by the appellant (Revenue) in view of the low tax effect, as per Circular No. 17/2019 dated August 8, 2019. The circular specifies that appeals before the High Court should have a monetary limit of Rs. 1,00,00,000. Since the current appeal falls within the category of low tax effect as per the revised policy, it is disposed of accordingly. The Court reserved the liberty for the Revenue to revive the tax 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 is a Tax Appeal filed by the Commissioner of Income Tax-III against Ishwardas B Ramchandani. The appeal was listed for passing 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 provides revised monetary limits for filing appeals by the revenue. The appeal was not pressed by the appellant.

What were the issues?

1. Whether the appeal should be dismissed on the grounds of low tax effect, as per Circular No. 17/2019? Assessee's Contention: The assessee did not explicitly argue any points as the appeal was not pressed by the revenue. However, the appeal's disposal is based on the revenue's decision to not press it due to low tax effect. Revenue's Contention: The revenue submitted that the appeal is not pressed in view of the low tax effect, referencing Circular No. 17/2019, which sets monetary limits for appeals before the High Court at Rs. 1,00,00,000. The appeal is being disposed of based on this policy.

AI-generated summary — verify with the full judgment below

C/TAXAP/468/2011 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 468 of 2011 ========================================================== COMMISSIONER OF INCOME TAX-III Versus ISHWARDAS B RAMCHANDANI ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MRS.DHARITA P MALKAN(6727) for the Opponent(s) No. 1 MS.KHUSHBOO V MALKAN(5932) 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 Page 1 of 2

C/TAXAP/468/2011 ORDER 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: 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

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