2023 (9) TMI 496 - GUJARAT HIGH COURT

Maintainability of appeal in High Court - low tax effect - matter arising out of the order under Section-263 - HELD THAT:- When any order is passed u/s 263 of the Act, the same would also be the order under the Income Tax Act, 1961. The Circular No. 5 of 2019 do not distinguish the order passed under Section-263 or any other Section of the Act, 1961, but it refers the monetary limits prescribed in the circulars itself and if any appeal is filed, which is not a writ-matter, then the monetary limits prescribed under the circular would apply and the Department is bound by such monetary limits and accordingly, the Department cannot pursue the matter, if the monetary limit prescribed in the circular is adhered-to.

Even if, we take consolidated tax effect in the appeal, it would not exceed the monetary limits prescribed in the Circular No. 17 of 2019, dated 8th August, 2019. Therefore, this appeal is dismissed due to low tax effect.