COMMISSIONER OF INCOME TAX-I vs. M/S ZINCOLLIED (INDIA)

PDF · subscribers
TAXAP/939/2010HC GujaratGJHC24046132201001 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 of Gujarat disposed of the appeal as not pressed. The reasoning was based on the submission by the Revenue's counsel that the tax effect involved was less than Rs. 1,00,00,000/-. This was in light of CBDT Circular No. 17 of 2019 dated 08.08.2019, which mandates that no appeal with a tax effect not exceeding Rs. 1,00,00,000/- shall be filed before the High Court and which was made retrospectively applicable to pending appeals. The operative direction was to dispose 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 No issue was expressly left undecided, as the appeal was withdrawn by the appellant.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-I (the Revenue) against M/s Zincollied (India) (the assessee). The assessment year(s) are not specified. The order or action under challenge is the appeal itself, filed before the High Court of Gujarat. The procedural history involves the Revenue filing the appeal. During the hearing, the Revenue's counsel stated that the tax effect involved in the appeal was less than Rs. 1,00,00,000/-. This statement was made in the context of a Circular issued by the CBDT.

What were the issues?

1. Whether the present appeal, where the tax effect is less than Rs. 1,00,00,000/-, should be pressed in light of CBDT Circular No. 17 of 2019 dated 08.08.2019. The Revenue's contention, as presented by its learned senior standing counsel, was that the tax effect in the appeal was below the monetary limit stipulated in CBDT Circular No. 17 of 2019. Consequently, the Revenue did not press the appeal. The judgment records no specific contention from the assessee.

AI-generated summary — verify with the full judgment below

C/TAXAP/939/2010 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 939 of 2010 ========================================================== COMMISSIONER OF INCOME TAX-I Versus M/S ZINCOLLIED (INDIA) ========================================================== Appearance: MR.VARUN K.PATEL(3802) for the Appellant(s) No. 1 MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MR MANISH J SHAH(1320) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

Date : 01/10/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mr.Varun K. Patel, learned senior standing counsel for the appellant and Mr.Manish J. Shah, learned advocate for the respondent. 2. Mr. Varun K. Patel, 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/939/2010 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

Recent GST High Court judgments

Search GST case law →