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Gujarat High Court

Commissioner Of Income Tax - I vs Deepak Nitrite Ltd....Opponent(S) on 18 July, 2016

Author: Ks Jhaveri

Bench: Ks Jhaveri, G.R.Udhwani

                 O/TAXAP/1963/2010                                                  JUDGMENT




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     TAX APPEAL NO. 1963 of 2010



         FOR APPROVAL AND SIGNATURE:



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

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

         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 ?

         ==========================================================
                      COMMISSIONER OF INCOME TAX - I....Appellant(s)
                                       Versus
                           DEEPAK NITRITE LTD....Opponent(s)
         ==========================================================
         Appearance:
         MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1
         MR MANISH J SHAH, ADVOCATE for the Opponent(s) No. 1
         ==========================================================

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

                                           Date : 18/07/2016




                                                Page 1 of 2

HC-NIC                                       Page 1 of 2      Created On Wed Jul 20 02:16:56 IST 2016
                  O/TAXAP/1963/2010                                            JUDGMENT



                                     ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. By way of this appeal, the appellant-revenue has challenged the judgment and order dated 29.01.2010 passed by the Income-tax Appellate Tribunal, Ahmedabad Bench 'Camp at Ahmedabad' in ITA No. 2614/Ahd/2008 for the assessment year 2004-05.

2. 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, this appeal is not entertained and is disposed of accordingly. The questions are answered in favour of the assessee and against the revenue. This appeal is dismissed on the ground of smallness of amount. Liberty to revive in case of difficulty.

(K.S.JHAVERI, J.) (G.R.UDHWANI, J.) divya Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Jul 20 02:16:56 IST 2016