The Commissioner of Income-tax-I, Indore v. Flexituff International Ltd
[Citation -2019-LL-0930-56]

Citation 2019-LL-0930-56
Appellant Name The Commissioner of Income-tax-I, Indore
Respondent Name Flexituff International Ltd.
Court HIGH COURT OF MADHYA PRADESH AT INDORE
Relevant Act Income-tax
Date of Order 30/09/2019
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: The aforesaid circular has to be read with Circular dated 11-07-2018 wherein the monetary limit fixed was Rupees forty lacs, whereas in the present case the tax effect is Rs. 40 lacs as informed by the learned for counsel for the Income Tax Department. In ITA No. 41/2016 the tax effect is again Rs. 70 lacs and, therefore the appeal stands dismissed. In ITA No. 43/2016 the tax effect is again Rs. 6 lacs and, therefore the appeal stands dismissed. In ITA No. 44/2016 the tax effect is again Rs. 4 lacs and, therefore the appeal stands dismissed. In ITA No. 162/2016, the tax effect is again Rs. 25 lacs and, therefore the appeal stands dismissed. In ITA No. 55/2017, the tax effect is again Rs. 11 lacs and, therefore the appeal stands dismissed. In ITA No. 56/2017, the tax effect is again Rs. 64 lacs and, therefore the appeal stands dismissed.


1 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE ITA No.252/2007, ITA No. 250/2007, ITA No. 70/2008, ITA No.40/2016, ITA No.41/2016, ITA No.43/2016, ITA No.44/2016, ITA No.162/2016, ITA No.55/2017 & ITA No.56/2017 INDORE dt. 30-09-2019 Parties through their counsel. In ITA No.252/2007 (The Commissioner of Income Tax-I (C.I.T) Vs. Flexituff International Ltd.,). Learned counsel for parties have argued before this court that Central Board of Direct Taxes has issued Circular i.e Circular No. 17/2019 dated 08-08-2019 re-fixing monetary limits for filing appeals before High court by Income Tax Department where tax effect does not exceed Rs. 1,00,00,000/-. aforesaid circular has to be read with Circular dated 11-07-2018 wherein monetary limit fixed was Rupees forty lacs, whereas in present case tax effect is Rs. 40 lacs as informed by learned for counsel for Income Tax Department. Meaning thereby, less than Rs. 1,00,00,000/- and, therefore, appeal of Department stands dismissed. In other connected matter i.e ITA No. 250/2007 (C.I.T Vs. Kalnai Industries) tax effect is again Rs. 25 lacs and therefore appeal again stands dismissed. In ITA No. 70/2008 (CIT Vs. Parag Fans and Cooling) tax effect is again Rs. 77 lacs and, therefore, appeal stands dismissed. In ITA No. 40/2016 (CIT Vs. Anant Steels Pvt. Ltd.) tax effect is again Rs. 6 lacs and, therefore appeal stands 2 dismissed. In ITA No. 41/2016 (CIT Vs. Anant Steels Pvt. Ltd.) tax effect is again Rs. 70 lacs and, therefore appeal stands dismissed. In ITA No. 43/2016 (CIT Vs. Anant Steels Pvt. Ltd.) tax effect is again Rs. 6 lacs and, therefore appeal stands dismissed. In ITA No. 44/2016 (CIT Vs. Anant Steels Pvt. Ltd.) tax effect is again Rs. 4 lacs and, therefore appeal stands dismissed. In ITA No. 162/2016 (CIT Vs. Agrawal Coal Corporation), tax effect is again Rs. 25 lacs and, therefore appeal stands dismissed. In ITA No. 55/2017 (CIT Vs. M/s Anant Steels Pvt. Ltd. ), tax effect is again Rs. 11 lacs and, therefore appeal stands dismissed. In ITA No. 56/2017 (CIT Vs. M/s Anant Steels Pvt. Ltd. ), tax effect is again Rs. 64 lacs and, therefore appeal stands dismissed. Thus all aforesaid appeals are dismissed. question of law is left open. Certified copy as per rules. (S. C. SHARMA) (SHAILENDRA SHUKLA) JUDGE JUDGE Rashmi Digitally signed by Rashmi Prashant Date: 2019.10.04 11:13:54 +05'30' Commissioner of Income-tax-I, Indore v. Flexituff International Ltd
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