The Commissioner Of Income Tax-Ii vs Gujarat Lease Financing Ltd
2022 Latest Caselaw 7959 Guj

     C/TAXAP/28/2009                               JUDGMENT DATED: 14/09/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/TAX APPEAL NO. 28 of 2009


FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                         and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
=============================================

1     Whether Reporters of Local Papers may be allowed to
      see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy of the
      judgment ?

4     Whether this case involves a substantial question of law
      as to the interpretation of the Constitution of India or
      any order made thereunder ?

=============================================
               THE COMMISSIONER OF INCOME TAX-II
                                Versus
                  GUJARAT LEASE FINANCING LTD.
=============================================
Appearance:
MR MR BHATT SR. ADVOCATE with MR KARAN SANGHANI for M R
BHATT & CO.(5953) for the Appellant(s) No. 1
MR BANDISH SOPARKAR for MRS SWATI SOPARKAR(870) for the
Opponent(s) No. 1
=============================================
     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                             and
           HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 14/09/2022
ORAL JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. This appeal by the assessee is directed against the order

of the Income Tax Appellate Tribunal. The order passed by the

C/TAXAP/28/2009 JUDGMENT DATED: 14/09/2022

Assessing Officer and the consequential demand, notice issued

thereunder would indicate that the tax effect is less than the

monetary limit fixed under extant Circulars/Notifications issued

by the Central Board of Direct Taxes (CBDT), by virtue of which

the appeal would not survive for consideration in light of the low

effect of tax prescribed under the said Notifications namely

Circular No. 17 of 19 dated 08.08.2019. Hence, appeal stands

disposed of as having low tax effect and keeping open the

question of law raised in the appeal. However, it is made clear

that in the event of this appeal falling under the category of any

exception carved out under the said extant Circulars, either of

the parties would be at liberty to seek for revival of this appeal

by filing appropriate note in the Registry.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) phalguni