PRINCIPAL COMMISSIONER OF INCOME TAX-5 vs. SHAILESH R. DAXINI
What did the High Court hold?
The High Court decided to dispose of the appeal. The reasoning was based on the Revenue's submission that the appeal was not pressed in view of the low tax effect, as per Circular No. 17/2019. This circular sets monetary limits for appeals, and the appeal in question was deemed to fall under the low tax effect category. Consequently, the appeal was disposed of accordingly. The Court reserved liberty for the Revenue to revive the tax appeal in case of any difficulty. The specific tax effect or the assessment year(s) were not recorded in the judgment.
What were the facts?
The appeal was filed by the Principal Commissioner of Income Tax-5 (the Revenue) against Shailesh R. Daxini (the assessee). The appeal was notified for passing an appropriate order. The Revenue sought to dispose of the appeal in light of Circular No. 17/2019, dated August 8, 2019, issued by the Central Board of Direct Taxes, which provides monetary limits for filing appeals. The appeal was not pressed by the Revenue due to a low tax effect, as per the aforementioned circular.
What were the issues?
1. Whether the appeal should be disposed of in view of the low tax effect as per Circular No. 17/2019? (Question of law) The Revenue argued that the appeal was not pressed due to the low tax effect, referencing Circular No. 17/2019. The circular outlines monetary limits for appeals before various authorities, including the High Court. The Revenue's contention was that the appeal falls within the low tax effect category as per this circular, justifying its disposal without a decision on merits. No arguments were recorded for the assessee.
AI-generated summary — verify with the full judgment below
C/TAXAP/844/2016 ORDER DATED: 07/01/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 844 of 2016 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX-5 Versus SHAILESH R. DAXINI ========================================================== Appearance: MR MANISH R. BHATT, SENIOR ADVOCATE FOR M R BHATT & CO. (5953) for the Appellant(s) No. 1 RULE UNSERVED(68) 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/844/2016 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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