COMMISSIONER OF INCOME TAX - III vs. M/S RIDDHI SIDDHI GLUCO BOILS LTD

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TAXAP/918/2010HC GujaratGJHC24046125201027 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 Revenue due to the low tax effect, in accordance with Circular No. 17/2019 dated 8th August, 2019. The Court noted the monetary limits specified in the circular, with appeals before the High Court having a limit of Rs. 1,00,00,000. Since the appeal was below this threshold, it was disposed of accordingly. The Revenue was granted liberty to revive the tax appeal in case of any difficulty. No specific issue was left undecided; the appeal was disposed of based on the stated policy.

What were the facts?

The Commissioner of Income Tax - III (Revenue) filed a Tax Appeal before the High Court of Gujarat at Ahmedabad against M/s Riddhi Siddhi Gluco Boils Ltd (assessee). The appeal was notified for an appropriate order due to low tax effect. The appeal was filed against an order passed by an authority under the Income Tax Act, though the specific authority and assessment year(s) are not recorded in the judgment. The amount in dispute is also not explicitly stated but is implied to be below the monetary limit for appeals before the High Court as per the relevant circular.

What were the issues?

1. Whether the Tax Appeal filed by the Revenue is to be dismissed due to low tax effect, in light of Circular No. 17/2019 dated 8th August, 2019? (Question of law) Assessee's Contentions: The assessee did not explicitly present arguments in the provided text. However, the appeal was not pressed by the Revenue. Revenue's Contentions: The Revenue did not press the appeal in view of the low tax effect, citing Circular No. 17/2019 dated 8th August, 2019. This circular outlines new monetary limits for filing appeals. The appeal was considered to be below the monetary limit of Rs. 1,00,00,000 for appeals before the High Court.

AI-generated summary — verify with the full judgment below

C/TAXAP/918/2010 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 918 of 2010 ========================================================== COMMISSIONER OF INCOME TAX - III Versus M/S RIDDHI SIDDHI GLUCO BOILS LTD ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MRS SWATI SOPARKAR(870) 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/918/2010 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) aruna Page 2 of 2

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