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Gujarat High Court

Commissioner Of Income Tax vs Coronation Flour ... on 7 June, 2016

Author: K.S.Jhaveri

Bench: Ks Jhaveri, G.R.Udhwani

                  O/TAXAP/647/2006                                                JUDGMENT




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     TAX APPEAL NO. 647 of 2006
                                                 With
                                     TAX APPEAL NO. 648 of 2006


         FOR APPROVAL AND SIGNATURE:



         HONOURABLE MR.JUSTICE KS JHAVERI                                         SD/-


         and
         HONOURABLE MR.JUSTICE G.R.UDHWANI                                        SD/-

         ==========================================================

         1     Whether Reporters of Local Papers may be allowed                             YES
               to see the judgment ?

         2     To be referred to the Reporter or not ?                                      NO

         3     Whether their Lordships wish to see the fair copy of                         NO
               the judgment ?

         4     Whether this case involves a substantial question of                         NO
               law as to the interpretation of the Constitution of
               India or any order made thereunder ?

         ==========================================================
                        COMMISSIONER OF INCOME TAX....Appellant(s)
                                       Versus
                          CORONATION FLOUR MILLS....Opponent(s)
         ==========================================================
         Appearance:
         MR.VARUN K.PATEL, ADVOCATE for the Appellant(s) No. 1
         MRS SWATI SOPARKAR, ADVOCATE for the Opponent(s) No. 1
         ==========================================================

             CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
                    and
                    HONOURABLE MR.JUSTICE G.R.UDHWANI



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HC-NIC                                      Page 1 of 3      Created On Thu Jun 09 00:57:12 IST 2016
                 O/TAXAP/647/2006                                                 JUDGMENT



                                        Date : 07/06/2016


                                   COMMON ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. Heard Mr. Varun K Patel, learned senior standing counsel for the appellant and Mrs. Swati Soparkar, 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 appeals are 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 appeals.





                                                                              (K.S.JHAVERI, J.)




                                              Page 2 of 3

HC-NIC                                    Page 2 of 3       Created On Thu Jun 09 00:57:12 IST 2016
                    O/TAXAP/647/2006                                         JUDGMENT




                                                                       (G.R.UDHWANI, J.)
         sompura




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HC-NIC                                Page 3 of 3      Created On Thu Jun 09 00:57:12 IST 2016