Commissioner Of Income Tax Rajkot-Iii v. Gujarat Ceramic Tiles....opponent(S

O/TAXAP/1227/2006 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 1227 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAHand HONOURABLE MR.JUSTICE S.H.VORA ========================================== === 1 Whether Reporters of Local Papers may be allowed to see the judgment ?the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ?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 ?to the interpretation of the Constitution of India or any order made thereunder ? =============================================COMMISSIONER OF INCOME TAX RAJKOT-III....Appellant(s) Versus GUJARAT CERAMIC TILES....Opponent(s) =============================================Appearance: MR PRANAV G DESAI, ADVOCATE for the Appellant(s) No. 1MRS SWATI SOPARKAR, ADVOCATE for the Opponent(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE S.H.VORA Date : 29/04/2015 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.11.2005 passed by the learned Income Tax Appellate Tribunal, Rajkot Bench (hereinafter referred to as “Tribunal”) in ITA No.632/RJT/2005 for the Assessment Year 2000-01 by which the learned Tribunal has deleted the penalty imposed/penalty under section 271D of the Income Tax Act, 1961 (hereinafter referred to as “Act”) on the ground that cash loans/deposits have been made by the partners themselves. [2.0] Today, when the present Tax Appeal is taken up for final hearing / further hearing, Shri Soparkar, learned Advocate appearing on behalf of the respondent has pointed out that amount of penalty involved in the present appeal is only Rs.2,20,000/-. It is submitted that therefore in view of the Instruction No.2/2005 issued by the CBDT, present Tax Appeal may not be entertained and/or may be dismissed on the ground of smallness of the amount involved and/or amount involved is below the monetary limits for filing the appeal before the High Court, in light of Instruction No.2/2005. [3.0] In view of the above and considering Instruction No.2/2005 with respect to the monetary limits for filing the appeal before the High Court issued by the CBDT which had come into effect with effect from 31.10.2005 and the present appeal is of the year 2006 and the amount involved is Rs.2,20,000/- only i.e. below the monetary limits of Rs.4,00,000/- provided for filing appeal before the High Court, present Tax Appeal is not entertained and/or dismissed on the aforesaid ground alone, however keeping the question of law open. (M.R. SHAH, J.) (S.H. VORA, J.) Ajay