2002 (7) TMI 77 - HC - Wealth-tax

Appeal - limits are fixed for filing the appeals - Department bearing F. No. 279/126/98-ITJ, dated March 27, 2000, whereby the limits are fixed for filing the appeals or the references, as the case may be, by the Department. Mr. P. P. S. Janardhana Raja points out and it is not controverted that in the present appeals, the tax liability is shorter than those limits fixed by the circular. There is nothing pointed out to us that the appeals can be covered under the four exceptions given in that circular and that is not the case of the Department also. In that view, we are of the clear opinion that the Department could not have filed these appeals. Such a view has been taken by the Bombay High Court in the case of CIT v. Camco Colour Co.. We respectfully agree with that view. Even on the merits, we do not find any substance in the matter

Summary

The High Court of Madras dismissed the appeals filed by the Department as the tax liability was below the limits fixed by a circular. The court also found no merit in the appeals. The judgment was delivered by Judges V. S. Sirpurkar and N. V. Balasubramanian.