PRINCIPAL COMMISSIONER OF INCOME TAX vs. SWISS GLASS COAT EQUIPMENT LTD.,

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TAXAP/929/2017HC GujaratGJHC24057195201727 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 was not pressed by the appellant (Revenue) in view of the low tax effect, as per Circular No. 17/2019. The Court noted the monetary limits stipulated in the Circular, indicating that appeals before the High Court are subject to a limit of Rs. 1,00,00,000. Consequently, the appeal was disposed of accordingly. The Court also reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific findings were made on the merits of the case, as the appeal was not pressed.

What were the facts?

The appellant, Principal Commissioner of Income Tax, filed a Tax Appeal before the High Court of Gujarat at Ahmedabad. The appeal was against an order or action by an unspecified lower authority concerning the assessment year(s) not recorded in the judgment. The amount in dispute is also not explicitly stated. The appeal was notified for an appropriate order due to low tax effect. The judgment refers to Circular No. 17/2019, dated 8th August 2019, issued by the Central Board of Direct Taxes, which sets monetary limits for appeals.

What were the issues?

1. Whether the Tax Appeal should be dismissed due to low tax effect, as per Circular No. 17/2019? (Question of law) The appellant (Revenue) argued that the appeal was not pressed in view of the low tax effect, referencing Circular No. 17/2019. The respondent (assessee) did not record any specific arguments in the judgment. The Circular itself provides a table of monetary limits for appeals before different authorities, with appeals before the High Court having a limit of Rs. 1,00,00,000.

AI-generated summary — verify with the full judgment below

C/TAXAP/929/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 929 of 2017 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX Versus SWISS GLASS COAT EQUIPMENT LTD., ========================================================== 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/929/2017 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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