Gujarat High Court
Commissioner Of Income Tax Ahmedabad Iv vs Sarjan Realities Ltd....Opponent(S) on 24 February, 2016
Author: Harsha Devani
Bench: Harsha Devani, G.R.Udhwani
O/TAXAP/681/2013 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 681 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
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1 Whether Reporters of Local Papers may be allowed to see the
judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law as to
the interpretation of the Constitution of India or any order made
thereunder ?
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COMMISSIONER OF INCOME TAX AHMEDABAD IV....Appellant(s)
Versus
SARJAN REALITIES LTD....Opponent(s)
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Appearance:
MR.VARUN K.PATEL, ADVOCATE for the Appellant(s) No. 1
MR TUSHAR P HEMANI, ADVOCATE for the Opponent(s) No. 1
MS VAIBHAVI K PARIKH, ADVOCATE for the Opponent(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 24/02/2016
ORAL JUDGMENT
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. Heard Mr. Varun Patel, learned standing counsel for the Page 1 of 2 HC-NIC Page 1 of 2 Created On Sun Feb 28 06:44:30 IST 2016 O/TAXAP/681/2013 JUDGMENT appellant and Mr. Tushar Hemani, learned advocate for the respondent.
2. It is an admitted position between the parties that the tax effect involved in this appeal is less than Rs.20,00,000/-. Under the circumstances, in the light of the Circular No.21/2015 dated 10th December, 2015 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.20,00,000/- shall be filed before the High Court and has also been made retrospectively applicable to pending appeals, the learned advocate for the appellant does not press the present appeal.
3. The appeal is accordingly disposed of as not pressed in the light of the Circular dated 10th December, 2015. 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.) (G.R.UDHWANI, J.) parmar* Page 2 of 2 HC-NIC Page 2 of 2 Created On Sun Feb 28 06:44:30 IST 2016