PR. COMMISSIONER OF INCOME TAX GANDHINAGAR vs. GOKUL OVERSEAS

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TAXAP/526/2017HC GujaratGJHC24056989201727 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 disposed of the tax appeal as not pressed. The Court acknowledged that the appeal was listed for an appropriate order due to its low tax effect, referencing Circular No. 17/2019. This circular establishes monetary limits for appeals before various authorities, including the High Court. The appeal was disposed of in accordance with the policy outlined in this circular. The Court also reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific finding on the merits of the original dispute was made, as the appeal was withdrawn by the appellant.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Gandhinagar (Revenue) against Gokul Overseas (Assessee). The appeal was listed for an appropriate order due to low tax effect. The Court noted Circular No. 17/2019, dated 8th August, 2019, issued by the Central Board of Direct Taxes, which sets monetary limits for filing appeals. The appeal was to be disposed of in light of this circular. The judgment does not specify the assessment year(s) or the amount in dispute, other than referring to the low tax effect.

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 appeal is not pressed in view of the low tax effect, citing Circular No. 17/2019. Revenue's contention: The judgment records no specific contention from the Revenue regarding the merits of the appeal. However, the appeal was filed by the Revenue, indicating a disagreement with a prior order. The Revenue's participation in the hearing suggests they were present to argue the case if required, but ultimately did not press the appeal.

AI-generated summary — verify with the full judgment below

C/TAXAP/526/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 526 of 2017 ========================================================== PR. COMMISSIONER OF INCOME TAX GANDHINAGAR Versus GOKUL OVERSEAS ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MS VAIBHAVI K PARIKH(3238) 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/526/2017 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) GIRISH Page 2 of 2

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