PRINCIPAL COMMISSIONER OF INCOME TAX 5 vs. PRITESH D. SHAH (HUF)

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TAXAP/986/2018HC GujaratGJHC24046507201807 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 captioned appeal was notified for the purpose of passing an appropriate order due to its 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 the low tax effect, as per the aforementioned circular. The circular outlines monetary limits for appeals before various authorities, including the High Court at Rs. 1,00,00,000. The Court disposed of the appeal accordingly. The Revenue was granted liberty to revive the tax appeal in case of any difficulty. No specific issue was left undecided, as the appeal was disposed of on procedural grounds.

What were the facts?

The Principal Commissioner of Income Tax 5 (Revenue) filed a tax appeal against Pritesh D. Shah (HUF) (Assessee). The appeal was notified for an appropriate order due to its low tax effect. The appeal was filed against an order of the Income Tax Appellate Tribunal (ITAT). The judgment does not specify the assessment year(s) or the amount in dispute. The procedural history is limited to the filing of this tax appeal 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. Assessee's Contention: The assessee did not explicitly argue any points as the appeal was not pressed. Revenue's Contention: The Revenue, through its counsel, stated that the appeal is not pressed in view of the low tax effect, referencing Circular No. 17/2019. The Revenue relied on Circular No. 17/2019, dated 8th August, 2019, issued by the Central Board of Direct Taxes, which provides monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

C/TAXAP/986/2018 ORDER DATED: 07/01/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 986 of 2018 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX 5 Versus PRITESH D. SHAH (HUF) ========================================================== Appearance: MR MANISH R. BHATT, SENIOR ADVOCATE FOR M R BHATT & CO. (5953) for the Appellant(s) No. 1 MR MANISH J SHAH(1320) 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/986/2018 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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