Gujarat High Court
Commissioner Of Income Tax Gandhinagar vs Gujarat Power Corporation Ltd - ... on 18 September, 2012
Author: Akil Kureshi
Bench: Akil Kureshi
TAXAP/826/2011 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 826 of 2011
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COMMISSIONER OF INCOME TAX GANDHINAGAR - Appellant(s)
Versus
GUJARAT POWER CORPORATION LTD - Opponent(s)
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Appearance :
MR SUDHIR M MEHTA for Appellant(s) : 1,
None for Opponent(s) : 1,
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CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MS.JUSTICE HARSHA DEVANI
Date : 18/09/2012
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Upon perusal of the appeal memo, we notice that the question framed does not bring about the controversy accurately. We would have ordinarily requested the counsel for the Revenue to re-frame the question. He, however, submitted that the tax effect in the present case is only of Rs.1,72,605/-. He submitted that after disallowance of loss of Rs.1,08,87,865/- the assessee being a company covered under section 115JB of the Income Tax Act 1961, the resultant tax effect was small.
In the result, tax appeal is not maintainable involving tax effect less than the minimum limit provided by the CBDT in its latest instructions. The TAX APPEAL/826/2011 25/11/2014 01:51:55 AM TAXAP/826/2011 2/2 ORDER Tax Appeal is therefore dismissed without examining the issues on merits.
(Akil Kureshi, J.) (Harsha Devani, J.) (vjn) TAX APPEAL/826/2011 25/11/2014 01:51:55 AM