PRINCIPAL COMMISSIONER OF INCOME TAX vs. GONDAL NAGRIK SAHAKARI BANK LTD
What did the High Court hold?
The High Court held that the tax appeal was not pressed by the Revenue in view of the low tax effect, as per Circular No. 17/2019. The Court noted the monetary limits prescribed by the circular for appeals before different authorities, including Rs. 1,00,00,000 for appeals before the High Court. Consequently, the Court disposed of the appeal accordingly. The judgment explicitly reserves liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific issue regarding the merits of the original ITAT order was decided.
What were the facts?
The Principal Commissioner of Income Tax, the appellant, filed several tax appeals before the High Court of Gujarat at Ahmedabad against The Co-operative Bank of Rajkot Ltd., the respondent. These appeals were listed for an appropriate order due to low tax effect. The appeals were filed against orders passed by the Income Tax Appellate Tribunal (ITAT). The judgment specifically mentions Tax Appeal No. 534 of 2015 and other related appeals (Tax Appeal Nos. 612 to 616 of 2016). The appeals were to be disposed of in light of Circular No. 17/2019 dated August 8, 2019, issued by the Central Board of Direct Taxes (CBDT).
What were the issues?
The primary issue before the High Court was whether the tax appeals filed by the Revenue should be entertained and decided on merits, or if they should be disposed of in accordance with the CBDT's Circular No. 17/2019 concerning monetary limits for filing appeals. Assessee's Contention: The judgment does not record any specific arguments made by the assessee (The Co-operative Bank of Rajkot Ltd.). Revenue's Contention: The Revenue, through its counsel, indicated that the appeal was not pressed due to the low tax effect, in line with the policy outlined in Circular No. 17/2019. This circular sets monetary limits for appeals before various judicial forums, including the High Court, where the limit for appeals before the High Court is Rs. 1,00,00,000.
AI-generated summary — verify with the full judgment below
C/TAXAP/534/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 534 of 2015 With R/TAX APPEAL NO. 612 of 2016 With R/TAX APPEAL NO. 613 of 2016 With R/TAX APPEAL NO. 614 of 2016 With R/TAX APPEAL NO. 615 of 2016 With R/TAX APPEAL NO. 616 of 2016 ========================================================== THE PRINCIPAL COMMISSIONER OF INCOME TAX Versus THE CO-OPERATIVE BANK OF RAJKOT LTD., ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MR TUSHAR P HEMANI(2790) for the Opponent(s) No. 1 MS VAIBHAVI K PARIKH(3238) 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. Page 1 of 2
C/TAXAP/534/2015 ORDER 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: Sr.No. Appeals/SLPs in Income-tax matters Monetray
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) PALAK Page 2 of 2
Recent GST High Court judgments
Search GST case law →- M/S.Surveillance System, Sambalpur vs. Commissioner Of CT And GST Odisha , CT And GST Commissionerate , Cuttack OdishaOrissa · 3 Nov 2026
- M/S.Himansu Palei vs. Assistant Commissioner Central GST CBIC Keonjhar Division, KeonjharOrissa · 3 Nov 2026
- M/S. Access Worldwide Cargo vs. The Commissioner Of CustomsKarnataka · 3 Nov 2026
- M/S Greenlam Industries LTD And Another vs. The UOI And OthersHimachal Pradesh · 3 Nov 2026
- M/S Sahoo Supply Agency,Balasore vs. Central Board Of Indirect Taxes And Customs,New DelhiOrissa · 3 Nov 2026
