COMMISSIONER OF INCOME TAX-V vs. NIMA SPECIFIC FAMILY TRUST

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TAXAP/80/2012HC GujaratGJHC24042743201227 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 of Gujarat held that the tax appeal is not pressed by the Revenue in view of the low tax effect and Circular No. 17/2019. The Court noted the revised monetary limits for appeals before various authorities, including the High Court, which is Rs. 1,00,00,000. The appeal was disposed of accordingly. The Court also reserved liberty for the Revenue to revive the tax appeal in case of any difficulty. The specific tax effect or the original dispute amount is not recorded in the judgment.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-V (Revenue) against Nima Specific Family Trust (Assessee). The appeal was listed for an appropriate order by the Registry due to low tax effect. The High Court of Gujarat at Ahmedabad was to dispose of the appeal in light of Circular No. 17/2019 dated August 8, 2019, issued by the Central Board of Direct Taxes. This circular outlines revised monetary limits for filing appeals. The appeal was not pressed by the Revenue in view of this circular and the low tax effect.

What were the issues?

1. Whether the appeal should be dismissed due to low tax effect, considering the policy outlined in Circular No. 17/2019? The Revenue argued that the appeal was not pressed in view of the low tax effect and the aforementioned circular. The Assessee's contentions are not recorded in the judgment. The issue revolves around the applicability of the revised monetary limits for appeals as per the CBDT circular.

AI-generated summary — verify with the full judgment below

C/TAXAP/80/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 80 of 2012 ========================================================== COMMISSIONER OF INCOME TAX-V Versus NIMA SPECIFIC FAMILY TRUST ========================================================== 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. 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/80/2012 ORDER Sr. No. Appeals/SLPs in Incometax 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) (BHARGAV D. KARIA, J) aruna Page 2 of 2

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