Madras High Court Judgments — 2017

The High Court dismissed the appeals filed by the Revenue. The dismissal was based on the Revenue's submission that the appeals were not being pursued due to a low tax effect, in accordance with CBDT Circular No. 17/2019. The Court noted that the tax effect in these appeals was less than the threshold limit stipulated in the circular. Consequently, the substantial questions of law that were framed were left open. The Revenue was granted liberty to mention the case for restoration if the tax effect was found to be above the threshold limit. The connected miscellaneous petition was also closed. No costs were awarded.

The High Court dismissed the appeal filed by the Revenue. The dismissal was based on the Revenue's submission that the appeal was not being pursued due to a low tax effect, in line with CBDT Circular No. 17/2019, which increased the monetary limit for appeals before the High Court to Rs. 1 Crore. The Court noted that the tax effect in this case was below the threshold. Consequently, the substantial questions of law framed for the appeal were left open. The Revenue was granted liberty to seek restoration of the appeal if the tax effect was found to be above the threshold limit. No costs were imposed.

The High Court dismissed the appeal on account of low tax effect, citing CBDT Circular No.17/2019 which increased the monetary limit for pursuing appeals before the High Court to Rs.1 Crore. The Revenue submitted that the tax effect in this case was below this threshold. Consequently, the substantial questions of law were left open. The Court granted liberty to the Revenue to seek restoration of the appeal if the tax effect was found to be above the threshold limit, for a decision on merits. The specific findings of the Tribunal on the taxability of profit on sale of land and the criteria for determining agricultural land were not adjudicated upon by the High Court.

The High Court dismissed the appeal filed by the Revenue. The dismissal was based on the submission by the Revenue's counsel that the appeal was not being pursued due to low tax effect, as per CBDT Circular No. 17/2019, which increased the monetary limit for appeals to the High Court to Rs. 1 Crore. The Court noted that the tax effect in this case was below the threshold limit. Consequently, the substantial questions of law were left open. The Revenue was granted liberty to mention the case for restoration if the tax effect was found to be above the threshold limit. No costs were awarded. The ITAT's order was not decided on merits.