COMMISSIONER OF INCOME TAX vs. M/S CANDICO INDIA P.LTD.

ITA/1069/2005HC DelhiDLHC01058914200506 December 2019Bench: CASES PERTAINING TO SPL.DIVISION BENCHES1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court disposed of the appeal filed by the Commissioner of Income Tax. The decision was based on a circular dated 08.08.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Judicial Section). This circular fixes the monetary limit for the Department to pursue matters before the High Court at Rs. 1,00,00,000/-. The tax effect in the present appeal was Rs. 52,98,808/-, which is below the permissible limit. Therefore, the appeal was disposed of on this administrative ground, without delving into the merits of the case. No specific finding on the substantive issues of the appeal was recorded.

What were the facts?

The appeal was filed by the Commissioner of Income Tax (Appellant) against M/s Candico India P.L.td. (Respondent). The assessment year(s) are not explicitly stated. The order under challenge is an appeal before the High Court. The procedural history involves a demand of Rs. 52,98,808/- as mentioned in the CIT(A)'s order dated 29.11.2001, and a letter dated 20.11.2019 issued by ACIT, Judicial-2, New Delhi. The appeal is being disposed of due to the tax effect being below the prescribed monetary limit.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the High Court given the tax effect. Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The appeal is disposed of based on a circular regarding monetary limits. Revenue's Contention: The judgment does not record specific contentions made by the revenue. However, the appeal is being disposed of based on a circular issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Judicial Section), dated 08.08.2019, which fixes the monetary limit for pursuing matters before the High Court at Rs. 1,00,00,000/-. The tax effect in the present appeal is stated to be below this limit.

AI-generated summary — verify with the full judgment below

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1069/2005 COMMISSIONER OF INCOME TAX ..... Appellant Through: versus M/S CANDICO INDIA P.LTD. ..... Respondent Through: Ms. Kavita Jha, Mr. Vaibhav Kulkarni and Mr. Anant Mann, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON’BLE MS. JUSTICE REKHA PALLI O R D E R % 06.12.2019 In the light of the circular dated 08.08.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Judicial Section), Government of India, which fixes the monetary limit in respect of tax effect, inter alia, before the High Court in which the Department could pursue the matter as Rs. 1,00,00,000/-; the income tax demand of Rs. 52,98,808/- as mentioned in the order of CIT (A) dated 29.11.2001, as also the letter dated 20.11.2019 issued by ACIT, Judicial-2, New Delhi, the tax effect in the present appeal being below the permissible tax effect limit, the present appeal is disposed of. VIPIN SANGHI, J REKHA PALLI, J DECEMBER 06, 2019/nk

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