THE COMMISSIONER OF INCOME TAX vs. M/S REGENCY EXPRESS BUILDERS P

PDF · subscribers
ITA/107/2006HC DelhiDLHC01060812200610 December 2019Bench: CASES PERTAINING TO SPL.DIVISION BENCHES1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Delhi disposed of the appeal. 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), Government of India. This circular fixes the monetary limit for the Department to pursue matters before the High Court at Rs. 1,00,00,000/-. The income tax demands in question are Rs. 19,43,175/- and Rs. 1,57,517/-. The tax effect in the present appeal was found to be below the permissible limit. Consequently, the appeal was disposed of on this administrative ground, without delving into the merits of the case. No specific finding was made on the substantive tax issues.

What were the facts?

This matter concerns an appeal filed by the Commissioner of Income Tax (Appellant) against an order passed by the CIT(A) dated 25.08.2002. The respondent is M/s Regency Express Builders P. The appeal pertains to income tax demands of Rs. 19,43,175/- and Rs. 1,57,517/-. A letter dated 20.11.2019 was issued by the ACIT, Judicial-2, New Delhi, regarding the tax effect in the present appeal. The High Court of Delhi is considering the appeal.

What were the issues?

1. Whether the present appeal, filed by the Revenue, should be pursued given the tax effect in light of the monetary limits prescribed by the Central Board of Direct Taxes (CBDT)? Assessee's Contention: The judgment does not record any specific contentions made by the assessee. Revenue's Contention: The Revenue, through its counsel, is present. The appeal is being disposed of based on a circular issued by the Ministry of Finance, Department of Revenue, CBDT, 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 this appeal is below this limit.

AI-generated summary — verify with the full judgment below

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 107/2006 THE COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Deepak Anand, Senior Standing Counsel with Mr. Vipul Agarwal, Advocate. versus M/S REGENCY EXPRESS BUILDERS P ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON’BLE MS. JUSTICE REKHA PALLI O R D E R % 10.12.2019 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 demands of Rs. 19,43,175/- and Rs. 1,57,517/- as mentioned in the order of CIT (A) dated 25.08.2002, 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 10, 2019/nk

Latest GST High Court judgments

Search GST case law →