COMMISSIONER OF INCOME TAX vs. NILKANTH SPECIFIC FAMILY TRUST

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TAXAP/581/2014HC GujaratGJHC24044888201427 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 tax appeal was not pressed by the appellant (Revenue) due to the low tax effect, in accordance with Circular No. 17/2019. The circular establishes monetary limits for appeals before various authorities, with a limit of Rs. 1,00,000 for appeals before the High Court. The court disposed of the appeal accordingly. The Revenue was granted liberty to revive the tax appeal in case of any difficulty. No specific finding on the merits of the case was made as the appeal was not pressed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax against Nilkanth Specific Family Trust. The High Court of Gujarat at Ahmedabad was considering the captioned appeal (R/TAX APPEAL NO. 581 of 2014). The appeal was notified for an appropriate order due to low tax effect. The court was to dispose of the appeal in light of Circular No. 17/2019, dated 8th August, 2019, issued by the Central Board of Direct Taxes. This circular outlines 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? (Question of procedure/policy) The Revenue (Appellant) argued that the appeal was not pressed in view of the low tax effect, referencing Circular No. 17/2019. The judgment does not record any specific arguments from the Assessee (Opponent).

AI-generated summary — verify with the full judgment below

C/TAXAP/581/2014 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 581 of 2014 ========================================================== COMMISSIONER OF INCOME TAX Versus NILKANTH SPECIFIC FAMILY TRUST ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 RULE SERVED(64) 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/581/2014 ORDER Sr. No. Appeals/SLPs in Incometax matters Monetary Limit (Rs.) 1 Before Appellate Tribunal 50,00,000 2 Before High Court 1,00,000 3 Before Supreme Court 2,00,000 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) CHANDRESH Page 2 of 2

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