Gujarat High Court
Commissioner Of Income Tax vs M/S. Komal Trading Co.....Opponent(S) on 28 June, 2016
Author: Ks Jhaveri
Bench: Ks Jhaveri, G.R.Udhwani
O/TAXAP/676/2007 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 676 of 2007
With
TAX APPEAL NO. 681 of 2007
With
TAX APPEAL NO. 691 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE KS JHAVERI
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....Appellant(s)
Versus
M/S. KOMAL TRADING CO.....Opponent(s)
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Appearance:
MR MANISH R BHATT, ADVOCATE for the Appellant(s) No. 1
MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1
UMAIDSINGH BHATI, ADVOCATE for the Opponent(s) No. 1
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O/TAXAP/676/2007 JUDGMENT
CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 28/06/2016
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE KS JHAVERI)
1. Pursuant to the amendment carried out vide this Court's order dated 26.06.2015 passed in OJMCA No. 132 of 2015, name of the respondent - assessee shall read as M/s. Laxmi Centre instead of M/s. Laxmi Investment.
2. By way of these appeals, the appellant-revenue has challenged the judgment and order dated 05.09.2006 passed by the Income-tax Appellate Tribunal, Ahmedabad in ITA No. 413/Ahd/2004 for the assessment year 1994-95.
3. It may be noted that the monetary limits and other conditions for filing departmental appeals (in Income Tax matters) before the Appellate Tribunal, High Courts and SLP before the Supreme Court have been revised by the Board. Insofar as High Courts are concerned, it has been decided by the Board vide Circular No. 21/2015 dated 10.12.2015 that no appeals shall be preferred in cases where the tax effect does not exceed the monetary limit of Rs. 20.00 lacs. Therefore, these appeals are not entertained and are disposed of accordingly. The questions are answered in favour of the assessee and against the revenue. These appeals are dismissed on the ground of smallness of amount. Liberty to revive in case of difficulty.
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