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Gujarat High Court

Commissioner Of Income Tax-I vs Arat Electro Chemicals ... on 16 June, 2016

Author: Ks Jhaveri

Bench: Ks Jhaveri

                 O/TAXAP/1491/2008                                                  JUDGMENT




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     TAX APPEAL NO. 1491 of 2008



         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
                       ARAT ELECTRO CHEMICALS LTD....Opponent(s)

         ==========================================================
         Appearance:
         MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1
         MRS SWATI SOPARKAR, ADVOCATE for the Opponent(s) No. 1
         ==========================================================

             CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
                    and


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HC-NIC                                       Page 1 of 3      Created On Sat Jun 18 03:09:19 IST 2016
                O/TAXAP/1491/2008                                              JUDGMENT



                    HONOURABLE MR.JUSTICE G.R.UDHWANI

                                     Date : 16/06/2016



                                     ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. Heard Mrs. Mauna M. Bhatt, learned Senior Standing Counsel, for the appellant and Mr. B.S. Soparkar, learned advocate for 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 appeal is accordingly disposed of as not pressed in the light of the Circular dated 10th December, 2015. However, in case of difficulty, liberty to revive the appeal is granted.




                                                                          (K.S.JHAVERI, J.)



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HC-NIC                                 Page 2 of 3      Created On Sat Jun 18 03:09:19 IST 2016
                  O/TAXAP/1491/2008                                          JUDGMENT




                                                                      (G.R.UDHWANI, J.)
         (pkn)




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HC-NIC                               Page 3 of 3      Created On Sat Jun 18 03:09:19 IST 2016