Commissioner of Income-tax v. Act Shipping Limited
[Citation -2014-LL-1114-135]

Citation 2014-LL-1114-135
Appellant Name Commissioner of Income-tax
Respondent Name Act Shipping Limited
Court HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act Income-tax
Date of Order 14/11/2014
Assessment Year 1998-99
Judgment View Judgment
Keyword Tags substantial question of law • low tax effect
Bot Summary: By way of this appeal, the appellant-revenue has challenged the judgment and order dated 16.06.2005 passed by the Income-tax Appellate Tribunal, Rajkot Bench in ITA No. 847/Rjt/02 for the assessment year 1998-99. While admitting this appeal on 5.9.2006, this Court has framed the following substantial question of law: A Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the proviso to section 43B r.w.s 36(1)(v) was curative in nature and thereby making it applicable for the year prior to 2003, by which it came into force 3. In our view, the amount involved in the present case is a small one and the revenue effect is less than Rs. 1 lakh, and therefore, as per CDBT Instruction No. 1979 dated 27 th March, 2000 and 02 of 2005, the revenue ought not to have come in appeal where the total revenue effect is less than Rs. 1 lakh, and therefore, this appeal is not entertained. The questions are answered in favour of the assessee and against the revenue. This appeal is dismissed on the ground of smallness of amount.


O/TAXAP/180/2006 JUDGMENT IN HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 180 of 2006 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE KS JHAVERI and HONOURABLE MR.JUSTICE K.J.THAKER 1 Whether Reporters of Local Papers may be allowed to see judgment ? 2 To be referred to Reporter or not ? 3 Whether their Lordships wish to see fair copy of judgment ? 4 Whether this case involves substantial question of law as to interpretation of Constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to civil judge ? COMMISSIONER OF INCOME TAX....Appellant(s) Versus ACT SHIPPING LIMITED.....Opponent(s) Appearance: MRS MAUNA M BHATT, ADVOCATE for Appellant(s) No. 1 MRS SWATI SOPARKAR, ADVOCATE for Opponent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE KS JHAVERI and HONOURABLE MR.JUSTICE K.J.THAKER Page 1 of 3 Downloaded on : Thu Jul 30 08:07:16 IST 2020 O/TAXAP/180/2006 JUDGMENT Date : 14/11/2014 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. By way of this appeal, appellant-revenue has challenged judgment and order dated 16.06.2005 passed by Income-tax Appellate Tribunal, Rajkot Bench in ITA No. 847/Rjt/02 for assessment year 1998-99. 2. While admitting this appeal on 5.9.2006, this Court has framed following substantial question of law: [A] Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that proviso to section 43B r.w.s 36(1)(v) was curative in nature and thereby making it applicable for year prior to 2003, by which it came into force? 3. In our view, amount involved in present case is small one and revenue effect is less than Rs. 1 lakh, and therefore, as per CDBT Instruction No. 1979 dated 27 th March, 2000 and 02 of 2005, revenue ought not to have come in appeal where total revenue effect is less than Rs. 1 lakh, and therefore, this appeal is not entertained. questions are answered in favour of assessee and against revenue. This appeal is dismissed on ground of smallness of amount. Liberty to revive in case of difficulty. (K.S.JHAVERI, J.) Page 2 of 3 Downloaded on : Thu Jul 30 08:07:16 IST 2020 O/TAXAP/180/2006 JUDGMENT (K.J.THAKER, J) divya Page 3 of 3 Downloaded on : Thu Jul 30 08:07:16 IST 2020 Commissioner of Income-tax v. Act Shipping Limited
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