PRINCIPAL COMMISSIONER OF INCOME TAX-2 vs. NAYAN K THAKKAR
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 as Rs. 1,00,00,000 as per the said circular. Consequently, the appeal was disposed of in accordance with this policy. The reasoning is based on the Revenue's decision not to press the appeal due to the low tax effect and the guidelines provided in the CBDT circular. The operative direction is that the appeal is disposed of. Liberty is reserved for the Revenue to revive the tax appeal in case of any difficulty. No specific issue regarding the merits of the assessment was decided.
What were the facts?
The appeal, C/TAXAP/628/2015, was filed by the Principal Commissioner of Income Tax-2 (Revenue) against Nayan K Thakkar (Assessee). The appeal was listed for an order due to low tax effect. The High Court of Gujarat at Ahmedabad noted that the appeal was not pressed by the Revenue in light of Circular No. 17/2019, dated August 8, 2019, issued by the Central Board Direct Taxes. This circular outlines monetary limits for filing appeals. The court referred to the table in the circular, which specifies a monetary limit of Rs. 1,00,00,000 for appeals before the High Court. 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 on the grounds of low tax effect, as per Circular No. 17/2019. The Revenue argued that the appeal was not pressed due to the low tax effect, referencing Circular No. 17/2019. The Assessee's arguments are not recorded in the judgment. The Circular No. 17/2019 sets monetary limits for appeals, with Rs. 1,00,00,000 being the limit for appeals before the High Court. The judgment does not specify the assessment year(s) or the specific tax effect in monetary terms, other than stating it is 'low'.
AI-generated summary — verify with the full judgment below
C/TAXAP/628/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 628 of 2015 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX-2 Versus NAYAN K THAKKAR ========================================================== 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. Page 1 of 2
C/TAXAP/628/2015 ORDER 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.Ritika Ispat PVT. LTD.,Balanda, Sundergarh vs. The Commissioner Of Commercial Taxes And Goods And Services Tax, Odisha, CuttackOrissa · 4 Nov 2026
- Biswanath Pradhan vs. The Principal Commnr., CGST And Central Excise, BhubaneswarOrissa · 4 Nov 2026
- M/S.Ritika Ispat PVT. LTD.,Balanda, Sundergarh vs. The Commissioner Of Commercial Taxes And Goods And Services Tax, Odisha, CuttackOrissa · 4 Nov 2026
- M/S Shree Sai Jagannath, Rourkela, Sundargarh vs. Chief Commissioner, CGST, Central Excise And Customs, BhubaneswarOrissa · 4 Nov 2026
- M/S.Shree Construction, Khordha vs. The Principal Commissioner, CGST And Central Excise, BhubaneswarOrissa · 4 Nov 2026
