Supreme Court dismisses petitions citing 'low tax effect' per Department Circular; Interest Tax Act included in 'Et Cetera.'. The SC dismissed the Special Leave Petitions due to 'low tax effect,' referencing Department Circulars intended to limit litigation. The Court determined ...
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Supreme Court dismisses petitions citing 'low tax effect' per Department Circular; Interest Tax Act included in 'Et Cetera.'.
The SC dismissed the Special Leave Petitions due to 'low tax effect,' referencing Department Circulars intended to limit litigation. The Court determined that the Interest Tax Act is encompassed within these Circulars under the term 'Et Cetera.' Consequently, the petitions were deemed non-maintainable, and all pending applications were disposed of.
Issues involved: Maintainability of petitions based on 'low tax effect' as per Circulars issued by the Department.
Summary: The respondent's counsel objected to the maintainability of the petitions based on the issue of 'low tax effect,' citing Circulars from various years. The petitioner's senior counsel argued that the threshold limit for filing appeals under the Circulars should not apply to the case concerning the Interest Tax Act. The Court considered the Circulars issued by the Department to limit litigation before Courts. Referring to a specific clause in a Circular instruction, it was noted that the Circulars cover various direct taxes, including those not explicitly mentioned. The Court found that the Interest Tax Act falls within the scope of the Circulars under the term 'Et Cetera.' Consequently, the Special Leave Petitions were dismissed due to 'low tax effect.' Pending applications were disposed of accordingly.
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