COMMISSIONER OF INCOME TAX(EXEMPTIONS) vs. SHRI SURAT PANJRAPOLE TRUST

PDF · subscribers

TAXAP/548/2018HC GujaratGJHC24029280201827 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 of Gujarat at Ahmedabad decided to dispose of the tax appeal. The appeal was not pressed by the appellant (Revenue) in view of the low tax effect, as per Circular No. 17/2019 dated 8th August, 2019. This circular establishes monetary limits for appeals, with Rs. 1,00,00,000 being the limit for appeals before the High Court. The court noted that the appeal was notified for disposal based on this circular. The court reserved liberty for the Revenue to revive the tax appeal in case of any difficulty. The operative direction was to dispose of the appeal accordingly.

What were the facts?

The appeal was filed by the Commissioner of Income Tax (Exemptions) against Shri Surat Panjrapole Trust. The appeal was notified for an appropriate order due to low tax effect. The High Court of Gujarat at Ahmedabad was considering the appeal. The appeal was to be disposed of in light of Circular No. 17/2019, dated 8th August, 2019, issued by the Central Board of Direct Taxes, which sets monetary limits for filing appeals. The appeal was not pressed by the appellant.

What were the issues?

1. Whether the appeal should be dismissed due to 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. However, the appeal's listing for disposal based on the circular implies the assessee would benefit from its provisions. Revenue's Contention: The Revenue, represented by Mrs. Mauna M. Bhatt, did not press the appeal. This implies the Revenue acknowledged the low tax effect and the applicability of Circular No. 17/2019, which sets a monetary limit of Rs. 1,00,00,000 for appeals before the High Court. The appeal was filed by the Commissioner of Income Tax (Exemptions).

AI-generated summary — verify with the full judgment below

C/TAXAP/548/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 548 of 2018 ========================================================== COMMISSIONER OF INCOME TAX(EXEMPTIONS) Versus SHRI SURAT PANJRAPOLE TRUST ========================================================== 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 referred to above, the table for monetary limits is as follows: Page 1 of 2

C/TAXAP/548/2018 ORDER Sr. No. Appeals/SLPs in Incometax 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. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) KUMAR ALOK Page 2 of 2

Recent GST High Court judgments

Search GST case law →