THE PRINCIPAL COMMISSIONER OF INCOME TAX, FARIDABAD vs. M/S DLF UNIVERSAL LTD.

PDF · subscribers
ITA/149/2022HC Punjab & HaryanaPHHC01059022202207 February 2025Author: MR. JUSTICE ARUN PALLI,MS. JUSTICE KIRTI SINGH1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission made by the counsel for the respondent-assessee that the tax effect in the appeal was less than Rs. 2 crores. This position was not disputed by the learned counsel for the appellant-Revenue. Consequently, the Court acknowledged that in the wake of the circular dated September 17, 2024, issued by the Ministry of Finance, Department of Revenue, CBDT, the appeal would no longer be maintainable. The Court accepted the Revenue's fair submission that the appeal be disposed of as such. Therefore, the appeal was taken on board and disposed of as not pressed. No decision on the merits of the ITAT's order was rendered.

What were the facts?

The Revenue, represented by the Principal Commissioner of Income Tax, Faridabad, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated March 26, 2021, passed by the Income Tax Appellate Tribunal (ITAT), Delhi Bench ‘B’, New Delhi. The appeal was filed against M/s DLF Universal Ltd. The respondent-assessee's counsel submitted that the tax effect in the appeal was less than Rs. 2 crores. This fact was not disputed by the appellant-Revenue.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect is less than Rs. 2 crores, in light of the CBDT Circular dated September 17, 2024? (Question of law) The Revenue's contention, as presented by its counsel, was that the appeal is not maintainable due to the tax effect being below the threshold stipulated in the CBDT Circular dated September 17, 2024. The Revenue's counsel fairly submitted that the appeal be disposed of as such. The judgment records no specific arguments from the assessee other than the submission regarding the tax effect.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-2189-CII-2025 in/and ITA-149-2022(O&M) Date of decision: 07.02.2025 Principal Commissioner of Income Tax, Faridabad … Appellant Versus M/s DLF Universal Ltd. … Respondent CORAM: HON’BLE MR. JUSTICE ARUN PALLI HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. Ranvijay Singh, Advocate, for Mr. Varun Issar, Sr. Standing Counsel, for the appellant. Mr. Aman Bansal, Advocate, for the applicant-respondent. *** ARUN PALLI, J. (Oral) Learned counsel for the applicant-respondent submits that the present appeal under Section 260A of the Income Tax Act, 1961, has been filed by the Revenue against the order dated March 26, 2021, passed by the Income Tax Appellate Tribunal, Delhi Bench ‘B’, New Delhi. He further submits that since the tax effect in the appeal is less than Rs.2 crores, in the wake of the circular dated September 17, 2024, issued by the Ministry of Finance, Department of Revenue, CBDT, the same would no longer be maintainable. The position indicated above is not disputed by learned counsel for the appellant. As always, he fairly submits that the appeal be disposed of as such. Accordingly, CM-2189-CII-2025 is allowed. The appeal is taken on board and disposed of as not pressed. ( Arun Palli )

Judge 07.02.2025 Rajan ( Kirti Singh ) Judge Whether speaking / reasoned: YES/NO Whether Reportable: YES/NO RAJAN KUMAR 2025.02.07 16:29 I am approving this document

Recent GST High Court judgments

Search GST case law →