PRINCIPAL COMMISSIONER OF INCOME TAX-7 vs. RAHUL POLYMERS PVT. LTD.

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ITA/1072/2018HC DelhiDLHC01318133201826 October 2018Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE SANJEEV NARULA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that no substantial question of law arose for determination in the appeal filed by the Revenue. The Court noted that the issue was purely factual and had been examined at four levels of litigation. The determination of the value of construction was based on facts, and therefore, the Court found itself unable to identify any substantial question of law that warranted its consideration. Consequently, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue, Principal Commissioner of Income Tax-7, appealed against an order dated 24th April 2018 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 3772/Del/2011. The appeal concerned the Assessment Year 2006-07 and related to the value of construction of a building in which the Respondent Assessee, Rahul Polymers Pvt. Ltd., had invested. This was the fourth level of litigation concerning the matter, which involved analysis of a report by the Departmental Valuation Officer. The ITAT had partly allowed the Assessee's appeal and dismissed the Revenue's appeal.

What were the issues?

1. Whether a substantial question of law arises for determination in the Revenue's appeal against the ITAT's order concerning the value of construction of a building for Assessment Year 2006-07. Assessee's Contentions: No arguments were recorded for the Assessee as none appeared. Revenue's Contentions: The Revenue contended that the issue concerning the value of construction of the building was a matter that had been examined at multiple levels, including analysis of the Departmental Valuation Officer's report. The Revenue argued that a substantial question of law did arise from the ITAT's decision.

AI-generated summary — verify with the full judgment below

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1072/2018 PRINCIPAL COMMISSIONER OF INCOME TAX-7 ..... Appellant Through: Mr. Sanjay Kumar and Mr. Asheesh Jain, Advocates. versus RAHUL POLYMERS PVT. LTD. ..... Respondent Through: None. CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA O R D E R % 26.10.2018 1. The issue in the present appeal by the Revenue against the order dated 24th April 2018 of the Income Tax Appellate Tribunal in ITA No. 3772/Del/2011 (being the Revenue’s appeal) for the Assessment Year 2006- 07 concerns the value of the construction of a building in which the Respondent Assessee had invested and which was subject matter of the assessment. The list of dates set out by the revenue in the appeal itself is explicit about the number of levels this issue has been examined and the report of the Departmental Valuation Officer analysed. Before the ITAT both the Revenue and the Assessee were in appeal. The impugned order of the ITAT has partly allowed the appeal of the Assessee while dismissing the appeal of the Revenue.

2.

This being the fourth level of the litigation, and the determination being based purely on facts, the Court is unable to find any substantial question of law arising for determination. 3. The appeal is accordingly dismissed. S.MURALIDHAR, J. SANJEEV NARULA, J. OCTOBER 26, 2018 nk

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