THE PRINCIPAL COMMISSIONER OF INCOME TAX 5 vs. THE KALUPUR COMMERCIAL CO-OP BANK LTD
What did the High Court hold?
The High Court held that the 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 limit for appeals before the High Court is Rs. 1,00,00,000. Consequently, the appeal was disposed of on this basis. The reasoning is directly tied to the policy laid down in the CBDT circular, which guides the department on pursuing appeals based on monetary limits. The ratio decidendi is that appeals with a low tax effect, below the prescribed monetary limits, are not to be pressed. The operative direction was to dispose of the appeal accordingly. Liberty was reserved for the Revenue to revive the tax appeal in case of any difficulty.
What were the facts?
The appeal was filed by the Principal Commissioner of Income Tax 5 against The Kalupur Commercial Co-Op Bank Ltd. The appeal was notified for passing an appropriate order due to low tax effect. The appeal was not pressed by the appellant in view of the low tax effect, considering Circular No. 17/2019 dated 8th August 2019 issued by the Central Board Direct Taxes. This circular provides monetary limits for filing appeals. The High Court noted the monetary limit for appeals before the High Court is Rs. 1,00,00,000. The appeal was disposed of accordingly, with liberty reserved for the Revenue to revive it in case of difficulty.
What were the issues?
1. Whether the appeal should be dismissed or disposed of on the grounds of low tax effect as per Circular No. 17/2019. Assessee's Contention: The assessee did not present any arguments as the appeal was not pressed by the Revenue. The judgment does not record any specific arguments from the assessee. Revenue's Contention: The Revenue, the appellant, did not press the appeal due to the low tax effect, referencing Circular No. 17/2019. The circular establishes monetary limits for appeals before various authorities, including the High Court, where the limit is Rs. 1,00,00,000. The appeal was filed against an order of the Income Tax Appellate Tribunal (ITAT).
AI-generated summary — verify with the full judgment below
C/TAXAP/622/2017 ORDER DATED: 07/01/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 622 of 2017 ========================================================== THE PRINCIPAL COMMISSIONER OF INCOME TAX 5 Versus THE KALUPUR COMMERCIAL CO-OP BANK LTD ========================================================== Appearance: MR MANISH R. BHATT, SENIOR ADVOCATE FOR M R BHATT & CO. (5953) for the Appellant(s) No. 1 MRS SWATI SOPARKAR(870) for the Opponent(s) No. 1 RULE SERVED(64) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 07/01/2022
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 8 th 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 8 th 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/622/2017 ORDER DATED: 07/01/2022 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. (J. B. PARDIWALA, J) (NISHA M. THAKORE,J) A. B. VAGHELA Page 2 of 2
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