PRINCIPAL COMMISSIONER OF INCOME TAX II, RAJKOT vs. GIRISH R TANTI

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TAXAP/920/2017HC GujaratGJHC24057191201727 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 held that the Tax Appeal is not pressed by the Revenue. This decision is based on Circular No. 17/2019, dated August 8, 2019, issued by the Central Board of Direct Taxes. This circular establishes monetary limits for filing appeals, with a limit of Rs. 1,00,00,000 for appeals before the High Court. Since the appeal falls within the purview of this circular due to a low tax effect, the Revenue chose not to pursue it. The Court disposed of the appeal accordingly. The Revenue was granted liberty to revive the tax appeal in case of any difficulty. No specific finding was made on the merits of the original assessment or the order under challenge.

What were the facts?

This matter concerns a Tax Appeal filed by the Principal Commissioner of Income Tax II, Rajkot (the Revenue) against Girish R Tanti (the assessee). The appeal was filed before the High Court of Gujarat at Ahmedabad. The appeal was notified for an appropriate order due to a low tax effect. The Revenue decided not to press the appeal in light of Circular No. 17/2019 dated August 8, 2019, issued by the Central Board of Direct Taxes, 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.

What were the issues?

1. Whether the appeal should be dismissed on the grounds of low tax effect as per Circular No. 17/2019? (Question of law) Assessee's Contention: The assessee did not explicitly argue any points as the appeal was not pressed by the Revenue. However, the appeal's disposal is based on the Revenue's decision to follow the circular. Revenue's Contention: The Revenue submitted that the appeal is not pressed in view of the low tax effect, citing Circular No. 17/2019 dated August 8, 2019. This circular provides revised monetary limits for filing appeals before various authorities, including the High Court, where the limit is Rs. 1,00,00,000.

AI-generated summary — verify with the full judgment below

C/TAXAP/920/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 920 of 2017 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX II, RAJKOT Versus GIRISH R TANTI ========================================================== 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/920/2017 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) KUMAR ALOK Page 2 of 2

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