COMMISSIONER OF INCOME TAX - I vs. RADHA KRISHNA AND CO.

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TAXAP/618/2014HC GujaratGJHC24044899201414 October 2019Bench: HONOURABLE MS. JUSTICE HARSHA DEVANI,HONOURABLE MS. JUSTICE SANGEETA K. VISHEN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal held that in light of CBDT Circular No. 17 of 2019, which provides that no appeal with a tax effect not exceeding Rs. 1,00,00,000/- shall be filed before the High Court and which has been made retrospectively applicable to pending appeals, the Revenue does not press the present appeal. Consequently, the appeal is disposed of as not pressed. The Tribunal 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, the Revenue would be at liberty to seek revival of the appeal. No specific finding was given on the merits of the original dispute.

What were the facts?

The appeal was filed by the Commissioner of Income Tax - I (the Revenue) against Radha Krishna And Co. (the assessee). The assessment year(s) are not specified. The order or action under challenge is the appeal itself, which was filed before the High Court of Gujarat. The amount in dispute is stated to be less than Rs. 1,00,00,000/-. The procedural history involves the Revenue filing the appeal, and during the hearing, the Revenue's counsel stated the tax effect was below the monetary limit prescribed by a CBDT circular.

What were the issues?

1. Whether the present appeal, involving a tax effect less than Rs. 1,00,00,000/-, should be entertained by the High Court, in light of CBDT Circular No. 17 of 2019. Assessee's contentions: The judgment records no specific contentions from the assessee. The assessee's advocate was present but did not argue. Revenue's contentions: The Revenue, through its learned senior standing counsel, stated that the tax effect involved in the appeal is less than Rs. 1,00,00,000/-. Relying on CBDT Circular No. 17 of 2019, dated 08.08.2019, 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 Revenue stated that it does not press the present appeal.

AI-generated summary — verify with the full judgment below

C/TAXAP/618/2014 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 618 of 2014 ========================================================== COMMISSIONER OF INCOME TAX - I Versus RADHA KRISHNA AND CO. ========================================================== Appearance: MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1 MR HARDIK P MODH(5344) 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.Hardik P. Modh, 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/618/2014 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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