DIRECTOR OF INCOME TAX vs. NIKO RESOURCES LTD

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TAXAP/1859/2008HC GujaratGJHC24041389200815 November 2019Author: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE MS. JUSTICE SANGEETA K. VISHEN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal granted permission to the appellant (Revenue) to withdraw the appeal. The reasoning is solely based on the instruction received from the Income-tax Officer (Tech) to withdraw the appeal as it fell below the monetary threshold of Rs. 1,00,00,000/-. The appeal was disposed of as withdrawn. The Tribunal also noted that if there was any error in the computation of the tax effect or if the instruction dated 22.08.2019 was not applicable for any reason, the appellant would be at liberty to seek revival of the appeal. No specific issue was decided on merits, and no ratio decidendi for future citation was established as the appeal was withdrawn.

What were the facts?

The appeal was filed by the Director of Income Tax (Revenue) against Niko Resources Ltd (Assessee). The assessment year(s) are not explicitly stated. The appeal challenges an order passed by an authority below, the details of which are not provided. The amount in dispute is not specified. The procedural history relevant to this order is that the Revenue's counsel placed on record a communication dated 31.10.2019 from the Income-tax Officer (Tech) instructing withdrawal of the appeal as it fell below the monetary threshold of Rs. 1,00,00,000/-. The Revenue's counsel then sought permission to withdraw the appeal.

What were the issues?

1. Whether the appeal should be withdrawn by the Revenue based on the monetary threshold stipulated in the instructions from the Income-tax Officer (Tech). Assessee's Contentions: The judgment does not record any specific contentions from the Assessee. The Assessee is represented by M/s Wadiaghandy and Co. Revenue's Contentions: The Revenue, through its learned senior standing counsel Mr. Varun K. Patel, submitted a communication dated 31.10.2019 from the Income-tax Officer (Tech) instructing withdrawal of the appeal. This instruction was based on the appeal falling under the monetary threshold of Rs. 1,00,00,000/-. The Revenue sought permission to withdraw the appeal in light of this instruction.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/TAXAP/1859/2008 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1859 of 2008 ========================================================== DIRECTOR OF INCOME TAX Versus NIKO RESOURCES LTD ========================================================== Appearance: MR.VARUN K.PATEL(3802) for the Appellant(s) No. 1 M/S WADIAGHANDY AND CO(5679) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 15/11/2019

ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

1.

Mr. Varun K. Patel, learned senior standing counsel for the appellant has placed on record a communication dated 31.10.2019 of the Income-tax Officer (Tech) (IT&TP) for Commissioner of Income-tax (IT&TP), Ahmedabad instructing him that the present appeal falls under the threshold monetary limit of Rs.1,00,00,000/- and requesting him to withdraw the appeal.

2.

In view of the above, the learned senior standing counsel for the appellant seeks permission to withdraw the appeal.

3.

Permission, as prayed for, is granted. The appeal is disposed of as withdrawn. However, in case there is any error in the computation of the C/TAXAP/1859/2008 ORDER tax effect involved or if for any reason, the instruction

F.No.390/MISC/116/2017-JC

dated 22.08.2019 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

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