Commissioner of Income-tax-I v. National Builders - 2014-LL-1212-126

Citation	2014-LL-1212-126
Appellant Name	Commissioner of Income-tax-I
Respondent Name	National Builders
Court	HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act	Income-tax
Date of Order	12/12/2014
Assessment Year	1998-99
Judgment	View Judgment
Keyword Tags	prescribed limit • tax effect
Bot Summary:	This is an Appeal by the Appellant Revenue, seeking to assail the order of the learned ITAT, Ahmedabad Bench, Dated : 04.08.2006, rendered in ITA No. 2095/Rjt/2002 and for the A.Y. 1998-99. 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. Board's Circular issued from time-to-time, in super-session of other instructions, has set the limit for preferring appeal before Page 1 of 2 Downloaded on : Tue Aug 04 13:06:18 IST 2020 O/TAXAP/708/2007 ORDER 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 case on hand is less than the prescribed limit, and therefore, without going into the merits of the matter, present Tax Appeal is DISMISSED. No order as to costs.

O/TAXAP/708/2007 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 708 of 2007 COMMISSIONER OF INCOME TAX-I Appellant(s) Versus M/S. NATIONAL BUILDERS Opponent(s) Appearance: MR KM PARIKH, 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 Date : 12/12/2014 ORAL ORDER (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. This is Appeal by Appellant Revenue, seeking to assail order of learned ITAT, Ahmedabad Bench, Dated : 04.08.2006, rendered in ITA No. 2095/Rjt/2002 and for A.Y. 1998-99. 2. Without touching issue admitted, it needs to be stated at outset that this Tax Appeal is not maintainable only on ground of low tax effect. Board's Circular issued from time-to-time, in super-session of other instructions, has set limit for preferring appeal before Page 1 of 2 Downloaded on : Tue Aug 04 13:06:18 IST 2020 O/TAXAP/708/2007 ORDER High Court under section 260A as also for reference under section 256(2) of Act, only when tax effect exceeds sum of Rs.4.00 lacs and more. Admittedly, tax effect in case on hand is less than prescribed limit, and therefore, without going into merits of matter, present Tax Appeal is DISMISSED. No order as to costs. Sd/- (K.S.JHAVERI, J.) Sd/- (K.J.THAKER, J) CAROLINE Page 2 of 2 Downloaded on : Tue Aug 04 13:06:18 IST 2020 Commissioner of Income-tax-I v. National Builder

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