THE PR.COMMISSIONER OF INCOME TAX-4 vs. JYOTINDRA INTERNATIONAL
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 circular establishes monetary limits for appeals before various authorities, including High Courts (Rs. 1,00,00,000). The appeal was disposed of in accordance with this policy. The court reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. The ratio decidendi is that appeals below the prescribed monetary limits, and not pressed by the Revenue, will be disposed of in line with CBDT circulars.
What were the facts?
This matter concerns a Tax Appeal filed by the Principal Commissioner of Income Tax-4 (the Revenue) against Jyotindra International (the Assessee). The appeal was listed for an order due to a 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 of Direct Taxes. This circular outlines monetary limits for filing appeals. The appeal was disposed of based on this circular, with liberty reserved for the Revenue to revive it if any difficulty arose.
What were the issues?
1. Whether the appeal should be dismissed due to low tax effect, considering Circular No. 17/2019? (Question of law). The Revenue argued that the appeal was not pressed due to the low tax effect, as per Circular No. 17/2019. 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.
AI-generated summary — verify with the full judgment below
C/TAXAP/736/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 736 of 2015 ========================================================== THE PR.COMMISSIONER OF INCOME TAX-4 Versus JYOTINDRA INTERNATIONAL ========================================================== Appearance: MR.VARUN K.PATEL(3802) for the Appellant(s) No. 1 MR B S SOPARKAR(6851) for the Opponent(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. Page 1 of 2
C/TAXAP/736/2015 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
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