Commissioner of Income-tax-IV v. Suzlon Infrastructure Ltd - 2019-LL-0225-38

Citation	2019-LL-0225-38
Appellant Name	Commissioner of Income-tax-IV
Respondent Name	Suzlon Infrastructure Ltd.
Court	HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act	Income-tax
Date of Order	25/02/2019
Judgment	View Judgment
Keyword Tags	monetary limit • tax effect
Bot Summary:	Heard Mrs. Mauna Bhatt, learned Senior Standing Counsel for the appellant and Mr. Tushar Hemani, learned advocate for the respondent. It is an admitted position between the parties that the tax effect involved in this appeal is less than Rs.50,00,000/-. Under the circumstances, in the light of the Circular No.3/2018 dated 11th July, 2018 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.50,00,000/- shall be filed before the High Court and has also been made retrospectively applicable to pending appeals, the learned senior standing counsel for the appellant does not press the present appeal. The appeal is accordingly disposed of as not pressed in the light of the Circular dated 11th July, 2018. In case there is any error in the computation of the tax effect involved or if for any reason, the circular is not applicable, it would be open for the appellant to seek revival of the appeal.

C/TAXAP/1098/2011 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1098 of 2011 COMMISSIONER OF INCOME TAX-IV Versus SUZLON INFRASTRUCTURE LTD Appearance: MRS MAUNA M BHATT(174) for Appellant(s) No. 1 MR TUSHAR P HEMANI(2790) for Opponent(s) No. 1 MS VAIBHAVI K PARIKH(3238) for Opponent(s) No. 1 CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE DR.JUSTICE A. P. THAKER Date : 25/02/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mrs. Mauna Bhatt, learned Senior Standing Counsel for appellant and Mr. Tushar Hemani, learned advocate for respondent. 2. It is admitted position between parties that tax effect involved in this appeal is less than Rs.50,00,000/-. Under circumstances, in light of Circular No.3/2018 dated 11th July, 2018 issued by Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes which provides that no appeal wherein tax effect does not exceed monetary limit of Rs.50,00,000/- shall be filed before High Court and has also been made retrospectively applicable to pending appeals, learned senior standing counsel for appellant does not press present appeal. Page 1 of 2 C/TAXAP/1098/2011 ORDER 3. appeal is accordingly disposed of as not pressed in light of Circular dated 11th July, 2018. However, in case there is any error in computation of tax effect involved or if for any reason, circular is not applicable, it would be open for appellant to seek revival of appeal. (HARSHA DEVANI, J) (A. P. THAKER, J) Vijay Page 2 of 2 Commissioner of Income-tax-IV v. Suzlon Infrastructure Ltd

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