PRINCIPAL COMMISSIONER OF INCOME TAX-2 vs. GUJARAT MINERAL DEVELOPMENT CORPOATION LIMITED

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TAXAP/942/2018HC GujaratGJHC24035861201807 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 its low tax effect, in accordance with Circular No. 17/2019. The court explicitly stated that the tax appeal was not pressed in view of the low tax effect, referencing the aforementioned circular. The circular establishes a monetary limit of Rs. 1,00,00,000 for appeals before the High Court. Consequently, the appeal was disposed of in accordance with this policy. The court also reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific issue was decided on merits; the disposal was based on administrative policy and the appellant not pressing the appeal.

What were the facts?

The appeal, C/TAXAP/942/2018, was filed by the Principal Commissioner of Income Tax-2 against Gujarat Mineral Development Corporation Limited. The appeal was listed for an order due to its low tax effect. The High Court of Gujarat at Ahmedabad was to pass an appropriate order in light of Circular No. 17/2019, dated August 8, 2019, issued by the Central Board of Direct Taxes. This circular outlines monetary limits for filing appeals. The appeal was not pressed by the appellant.

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 make any specific arguments as the appeal was not pressed. The judgment does not record any specific contentions from the assessee. Revenue's Contention: The appeal is not pressed in view of the low tax effect, having regard to Circular No. 17/2019, dated August 8, 2019. The revenue relies on the policy reflected in the said circular, which sets monetary limits for appeals before various authorities, including the High Court at Rs. 1,00,00,000.

AI-generated summary — verify with the full judgment below

C/TAXAP/942/2018 ORDER DATED: 07/01/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 942 of 2018 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX-2 Versus GUJARAT MINERAL DEVELOPMENT CORPOATION LIMITED ========================================================== Appearance: MR MANISH R. BHATT, SENIOR ADVOCATE FOR M R BHATT & CO. (5953) 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 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/942/2018 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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