Gujarat High Court
Commissioner Of Income Tax vs Purshottam Gopalji L.H Of Gopalji ... on 17 December, 2014
Author: Ks Jhaveri
Bench: Ks Jhaveri, K.J.Thaker
O/TAXAP/450/2006 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 450 of 2006
With
TAX APPEAL NO. 451 of 2006
With
TAX APPEAL NO. 455 of 2006
With
TAX APPEAL NO. 456 of 2006
With
TAX APPEAL NO. 459 of 2006
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COMMISSIONER OF INCOME TAX....Appellant(s)
Versus
PURSHOTTAM GOPALJI L.H OF GOPALJI RATANJI....Opponent(s)
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Appearance:
MR PRANAV G DESAI, ADVOCATE for the Appellant(s) No. 1
MR RK PATEL, ADVOCATE for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE K.J.THAKER
Date : 17/12/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI)
1. These appeals are by the appellant- revenue, seeking to assail the order of the learned ITAT, Rajkot Bench, Dated : 10.08.2005, rendered in (1) ITA No. 965/Rjt/04 for the A.Y. 1995-96, (2) ITA No. 966/Rjt/04 for the A.Y. 1996-97, (3) ITA No. 967/Rjt/04 for the A.Y. 1995-96, (4)ITA No. 968/Rjt/04 for the A.Y. 1996- Page 1 of 2
O/TAXAP/450/2006 ORDER 97,(5) ITA No. 971/Rjt/04 for the A.Y. 1995-96.
2. Without touching the issue admitted, it needs to be stated at the outset that this Tax Appeal is not maintainable only on the ground of low tax effect, as per the provisions of Section 268, more particularly, Section 268A(1) of the Income Tax Act, 1961. Board's Circular issued from time-to-time, in supersession of other instructions, has set the limit for preferring appeal before the High Court under section 260A as also for reference under section 256(2) of the Act, only when the tax effect exceeds the sum of Rs.4.00 lacs and more. Admittedly, the tax effect in the cases on hand is less than the prescribed limit, and therefore, without going into the merits of the matters, present Tax Appeals are DISMISSED.
(K.S.JHAVERI, J.) (K.J.THAKER, J) UMESH Page 2 of 2