Income Tax Officer - Circle 2 (2) Baroda v. Vaishali Electricals

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 1355 of 2011 ========================================================== INCOME TAX OFFICER - CIRCLE 2 (2) BARODAVersusVAISHALI ELECTRICALS ========================================================== Appearance: MR.VARUN K.PATEL(3802) for the APPELLANT(s) No. 1MR MANISH J SHAH(1320) for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANIand HONOURABLE DR.JUSTICE A. P. THAKER Date : 21/01/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mr.Varun K. Patel, learned Senior Standing Counsel for the appellant and Mr. Manish Shah, learned advocate for the respondent. 2.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. However, 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. (HARSHA DEVANI, J) V.R. PANCHAL (A. P. THAKER, J)