Commissioner of Income-tax v. Rajiv Gupta
[Citation -2019-LL-1011-69]
Citation | 2019-LL-1011-69 |
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Appellant Name | Commissioner of Income-tax |
Respondent Name | Rajiv Gupta |
Court | HIGH COURT OF DELHI AT NEW DELHI |
Relevant Act | Income-tax |
Date of Order | 11/10/2019 |
Judgment | View Judgment |
Keyword Tags | tax computation • monetary limit • specified tax • tax effect • recalling order |
Bot Summary: | It is pointed out in this application by the Assessee for recall of the order dated 31st July 2019 that the tax effect for the relevant assessment year vis-a- vis the question of law urged by the Revenue in the appeal was below the monetary limit of Rs. 1 crore in terms of the CBDT Circular No.3 of 2018 dated 11th July 2018 and the appeal should have been dismissed as not pressed. Learned counsel for the Revenue draws attention of the Court to para 13 of the said Circular which states that pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Considering the purport of the whole CBDT circular the word may is intended to be read as shall and it is on this basis that several appeals have been dismissed as not pressed where the tax effect is below the mandatory limit specified therein. Learned counsel for the Revenue then questions the computation of the tax effect and sought time to verify whether the Petitioner s calculation in this regard was correct. The Court finds that the Petitioner is relying on the calculation by the Assessing Officer in the income tax computation form specifying the tax limit as Rs.45,67,974/-. The application is allowed and the appeal is restored to file. In view of the tax effect being below the monetary limit in terms of the CBDT Circular No.3 of 2018 dated 11th July 2018 the present appeal is ITA 828/2005 Page 2 of 3 dismissed as not pressed. |