COMMISSIONER OF INCOME TAX-I vs. HIMSON TEXTILE ENGINEERING INDUSTRIES PVT LTD

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TAXAP/893/2014HC GujaratGJHC24045091201414 October 2019Bench: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE MS. JUSTICE SANGEETA K. VISHEN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the Revenue's learned senior standing counsel stated that the tax effect in the appeal was less than Rs. 1,00,00,000/-. In light of Circular No. 17 of 2019 dated 08.08.2019, which sets a monetary limit for filing appeals before the High Court and is retrospectively applicable to pending appeals, the Revenue stated it did not press the appeal. Consequently, the High Court disposed of the appeal as not pressed. The Court also noted that if there was any error in the computation of the tax effect or if the Circular was not applicable for any reason, the appellant would be at liberty to seek revival of the appeal. No specific findings on the merits of the case were made.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax-I (the Revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The assessee is Himson Textile Engineering Industries Pvt Ltd. The appeal concerns the assessment year(s) not specified in the judgment. The Revenue, through its learned senior standing counsel, stated that the tax effect involved in the appeal is less than Rs. 1,00,00,000/-. This statement was made in the context of a Circular issued by the CBDT regarding monetary limits for filing appeals before the High Court.

What were the issues?

1. Whether the present appeal, with a tax effect below Rs. 1,00,00,000/-, should be pressed before the High Court, considering Circular No. 17 of 2019 dated 08.08.2019. Assessee's Contention: The judgment does not record any specific contentions from the assessee. Revenue's Contention: The Revenue, through its learned senior standing counsel, stated that the tax effect involved is less than Rs. 1,00,00,000/-. Relying on Circular No. 17 of 2019 dated 08.08.2019, which mandates that appeals with a tax effect not exceeding Rs. 1,00,00,000/- shall not be filed before the High Court and is applicable retrospectively to pending appeals, the Revenue stated that it does not press the present appeal.

AI-generated summary — verify with the full judgment below

C/TAXAP/893/2014 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 893 of 2014 ========================================================== COMMISSIONER OF INCOME TAX-I Versus HIMSON TEXTILE ENGINEERING INDUSTRIES PVT LTD ========================================================== Appearance: MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1 MR RK PATEL(1082) for the Opponent(s) No. 1 RULE SERVED(64) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

Date : 14/10/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mrs.Kalpana K. Raval, learned senior standing counsel for the appellant and Mr.R.K. Patel, learned advocate for the respondent. 2. Mrs.Kalpana K. Raval, learned senior standing counsel for the appellant, has stated that the tax effect involved in this appeal is less than Rs.1,00,00,000/-. Under the circumstances, in the light of the Circular No.17 of 2019 dated 08.08.2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, which provides that no appeal wherein the tax effect does not exceed the monetary limit of Rs.1,00,00,000/- shall be filed before the High Court and which Page 1 of 2

C/TAXAP/893/2014 ORDER has also been made retrospectively applicable to pending appeals, the learned senior standing counsel for the appellant does not press the present appeal. 3. The appeal is, accordingly, disposed of as not pressed in light of the Circular dated 08.08.2019. However, in case there is any error in the computation of the tax effect involved or if, for any reason, the Circular is not applicable, it would be open for the appellant to seek revival of the appeal. (HARSHA DEVANI, J) (SANGEETA K. VISHEN,J) RAVI P. PATEL Page 2 of 2

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