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Gujarat High Court

Commissioner Of Income Tax-Iv vs Vadilal Industries ... on 16 June, 2016

Author: Ks Jhaveri

Bench: Ks Jhaveri, G.R.Udhwani

               O/TAXAP/1846/2008                                                  JUDGMENT




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   TAX APPEAL NO. 1846 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-IV....Appellant(s)
                                     Versus
                       VADILAL INDUSTRIES LTD.....Opponent(s)

         ==========================================================
         Appearance:
         MR NITIN K MEHTA, SENIOR STANDING COUNSEL for the Appellant(s) No.
         1
         MRS SWATI SOPARKAR, ADVOCATE for the Opponent(s) No. 1
         ==========================================================




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HC-NIC                                     Page 1 of 3      Created On Sat Jun 18 03:10:13 IST 2016
                O/TAXAP/1846/2008                                                  JUDGMENT



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

                                         Date : 16/06/2016


                                         ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. Heard Mr. Nitin Mehta, 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 03:10:13 IST 2016
                  O/TAXAP/1846/2008                                          JUDGMENT




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




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HC-NIC                               Page 3 of 3      Created On Sat Jun 18 03:10:13 IST 2016