CIT Vs M/S C. C. Chokshi And Co. (Supreme Court of India)
The Registry has listed these matters on the ground that the tax effect is less than Rs. 1 Crore and, therefore, as per the Circular of the CBDT, these are not pressed by the Income tax Department and are to be dismissed on the ground of low tax effect.
In response, the Income Tax Department has handed over the statement which is in three Annexures. Annexure-A gives the list of those cases where the tax effect is above Rs. 1 Crore. Annexure-C mentions certain cases wherein tax effect is less than Rs. 1 Crore, but as per the Department these are not covered by the Notification and come under the exception clause of the said Notification.
The Registry shall put on the website of the Supreme Court the list of cases mentioned in Annexure-A and Annexure-C, as supplied by learned ASG, so that the counsel for the assesses are able to verify the same.
List the matters mentioned in Annexure-A and Annexure-C on 25.09.2018.
The following special leave petitions/appeals mentioned in Annexure-B are de-tagged as they are filed by the assessees.
The above mentioned special leave petitions/appeals shall be listed in usual course.
ORDER
Delay condoned.
Leave granted.
The appeals are dismissed in terms of the signed order.
Pending application(s), if any, shall be disposed of accordingly.
In these appeals the tax effect is less than Rs. 1 crore and are covered by the Circular of CBDT.
These appeals are, accordingly, dismissed. However, it will be open to the Income-Tax Department to seek review in any of these matters, if it is pointed out that the tax effect is more than Rs.1 Crore.
