COMMISSIONER OF INCOME TAX-I vs. M/S PRESIDENCY EXPORTS

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TAXAP/615/2011HC GujaratGJHC24045091201114 October 2019Bench: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE MS. JUSTICE SANGEETA K. VISHEN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal noted that the learned senior standing counsel for the appellant stated the tax effect involved in the appeal was less than Rs. 1,00,00,000/-. In light of CBDT Circular No. 17 of 2019 dated 08.08.2019, which directs that no appeal wherein the tax effect does not exceed the monetary limit of Rs. 1,00,00,000/- shall be filed before the High Court and which has been made retrospectively applicable to pending appeals, the appellant's counsel did not press the appeal. The appeal was accordingly disposed of as not pressed. The judgment also noted that if there is any error in the computation of the tax effect or if the Circular is not applicable for any reason, it would be open for the appellant to seek revival of the appeal. No specific issue was left undecided, as the appeal was withdrawn by the appellant.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-I (the Revenue) against M/s Presidency Exports (the assessee). The assessment year(s) are not specified. The appeal challenges an order or action that is not detailed. The procedural history involves the Revenue filing this appeal before the High Court of Gujarat. The learned senior standing counsel for the appellant stated that the tax effect involved in the appeal is less than Rs. 1,00,00,000/-.

What were the issues?

1. Whether the present appeal, with a tax effect below Rs. 1,00,00,000/-, is maintainable before the High Court in light of CBDT Circular No. 17 of 2019 dated 08.08.2019. The Revenue argued that under Circular No. 17 of 2019, which mandates that no appeal with a tax effect not exceeding Rs. 1,00,00,000/- shall be filed before the High Court and which is retrospectively applicable to pending appeals, the present appeal should not be pressed. The assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

C/TAXAP/615/2011 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 615 of 2011 ========================================================== COMMISSIONER OF INCOME TAX-I Versus M/S PRESIDENCY EXPORTS ========================================================== Appearance: MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1 MR B S SOPARKAR(6851) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

Date : 14/10/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mrs.Kalpana K. Raval, learned senior standing counsel for the appellant and Mr.B.S. Soparkar, learned advocate for the respondent. 2. Mrs.Kalpana K. Raval, learned senior standing counsel for the appellant, has stated that the tax effect involved in this appeal is less than Rs.1,00,00,000/-. Under the circumstances, in the light of the Circular No.17 of 2019 dated 08.08.2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, which provides that no appeal wherein the tax effect does not exceed the monetary limit of Rs.1,00,00,000/- shall be filed before the High Court and which has also been made retrospectively applicable to Page 1 of 2

C/TAXAP/615/2011 ORDER pending appeals, the learned senior standing counsel for the appellant does not press the present appeal. 3. The appeal is, accordingly, disposed of as not pressed in light of the Circular dated 08.08.2019. However, in case there is any error in the computation of the tax effect involved or if, for any reason, the Circular 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 Page 2 of 2

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