PRINCIPAL COMMISSIONER OF INCOME TAX 4 vs. SUJAL LEASING AND FINANCE PVT LTD

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TAXAP/915/2017HC GujaratGJHC24057189201707 January 2022Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MS. JUSTICE NISHA M. THAKORE2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the appeal was listed for passing an appropriate order due to low tax effect, in line with Circular No. 17/2019. The Court observed that the appeal was not pressed by the Revenue in view of this circular, which sets a monetary limit of Rs. 1,00,00,000 for appeals before the High Court. Consequently, the appeal was disposed of accordingly. The Court also granted liberty to the Revenue to revive the tax appeal if any difficulty arose. No specific findings were made on the merits of the case.

What were the facts?

The Principal Commissioner of Income Tax 4 (Revenue) filed this tax appeal against Sujal Leasing and Finance Pvt Ltd (Assessee). The appeal was listed for an appropriate order due to low tax effect. The appeal was not pressed by the Revenue in view of Circular No. 17/2019, dated 8th August, 2019, which sets monetary limits for filing appeals. The circular specifies a monetary limit of Rs. 1,00,00,000 for appeals before the High Court. The High Court reserved liberty for the Revenue to revive the tax appeal in case of any difficulty.

What were the issues?

1. Whether the appeal should be disposed of on the grounds of low tax effect as per Circular No. 17/2019? (Question of law) Assessee's Contention: The appeal is not pressed due to low tax effect, referencing Circular No. 17/2019. Revenue's Contention: Not recorded in the judgment.

AI-generated summary — verify with the full judgment below

C/TAXAP/915/2017 ORDER DATED: 07/01/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 915 of 2017 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX 4 Versus SUJAL LEASING AND FINANCE PVT LTD ========================================================== 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/915/2017 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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