PRIN. COMMISSIONER OF INCOME TAX 1 vs. CHIRIPAL INDUSTRIES LTD

PDF · subscribers
TAXAP/422/2015HC GujaratGJHC24047840201527 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 noted that the appeal was notified for disposal due to low tax effect, in accordance with Circular No. 17/2019. The Court observed that the appeal was not pressed by the Revenue in view of this circular and the monetary limits prescribed therein. Specifically, for appeals before the High Court, the monetary limit is Rs. 1,00,00,000. Consequently, 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 dispute.

What were the facts?

This matter concerns a Tax Appeal filed by the Principal Commissioner of Income Tax (Revenue) against Chiripal Industries Ltd (Assessee). The appeal was listed for an appropriate order by the Registry due to its low tax effect. The appeal was filed against an order or action not specified in the provided text, but it is clear that the Revenue is the appellant and the Assessee is the respondent. The procedural history indicates that the appeal was notified for disposal in light of a specific Circular issued by the Central Board of Direct Taxes.

What were the issues?

1. Whether the appeal should be disposed of in view of the low tax effect as per Circular No. 17/2019 dated 8th August, 2019 (Question of law). Assessee's Contentions: The Assessee did not present any arguments in the provided text. The appeal was not pressed by the Revenue. Revenue's Contentions: The Revenue did not press the appeal due to the low tax effect, referencing Circular No. 17/2019. The Circular outlines monetary limits for filing appeals before various authorities, with appeals before the High Court having a monetary limit of Rs. 1,00,00,000.

AI-generated summary — verify with the full judgment below

C/TAXAP/422/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 422 of 2015 ========================================================== PRIN. COMMISSIONER OF INCOME TAX 1 Versus CHIRIPAL INDUSTRIES LTD ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MR SUDHIR M MEHTA(2058) for the Opponent(s) No. 1 MS SHAILEE S MEHTA(5873) 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. Page 1 of 2

C/TAXAP/422/2015 ORDER 3. According to the new policy as reflected from the Circular referred to above, the table for monetary limits is as follows: Sr.No. Appeals/SLPs in Income-tax matters Monetray

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) PALAK Page 2 of 2

Recent GST High Court judgments

Search GST case law →