PRINCIPAL COMMISSIONER OF INCOME TAX-7 vs. M/S QUATRRO MORTGAGE SOLUTIONS PVT. LTD.

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ITA/111/2018HC DelhiDLHC01008176201811 September 2018Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court disposed of the appeal without answering the substantial questions of law, accepting the Revenue's submission based on Circular No. 3/2018. The Court clarified that the issue raised in the appeal was left open. Liberty was granted to the appellant (Revenue) to file an application for revival of the appeal if it was found that the case fell under any exception to the circular. The ratio of this decision is that appeals with a tax effect below a certain threshold, as per departmental circulars, can be disposed of without adjudicating the substantial questions of law, provided no exceptions apply. No specific relief was granted or denied on the merits of the case.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-7 (the Revenue) against M/s Quatrro Mortgage Solutions Pvt. Ltd. (the Assessee). The assessment year(s) are not specified in the provided text. The appeal challenges an order or action, the nature of which is not detailed. The procedural history is limited to the Revenue's statement before the High Court. The Revenue stated that the tax effect in the appeal was below Rs. 50 lacs.

What were the issues?

The High Court was not required to decide any substantial questions of law. The Revenue contended that in terms of Circular No. 3/2018 dated 11th July, 2018, the substantial questions of law raised in the appeal need not be answered due to the tax effect being below Rs. 50 lacs. The Revenue requested that the appeal be disposed of without answering these questions, leaving them open. The judgment does not record any arguments from the Assessee.

AI-generated summary — verify with the full judgment below

$~13. * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 111/2018

PRINCIPAL COMMISSIONER OF INCOME TAX-7..... Appellant

Through Mr. Sanjay Kumar, Advocate.

versus

M/S QUATRRO MORTGAGE SOLUTIONS PVT. LTD. ..... Respondent Through Mr. Manu K. Giri & Mr. K.N. Ahuja, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R %

11.09.2018

Learned counsel for the appellant-Revenue states that tax effect in the present appeal is below Rs.50 lacs and hence in terms of Circular No. 3/2018 dated 11th July, 2018, the substantial questions of law raised need not be answered. The appeal may be disposed of without answering the substantial questions of law, which may be left open. Taking the statement on record, we dispose of the present appeal, without answering the substantial questions of law. It is clarified that the issue raised is left open. We also grant liberty to the appellant to file an application for revival of the appeal in case it is found that the case is covered by any exception.

SANJIV KHANNA, J.

CHANDER SHEKHAR, J. SEPTEMBER 11, 2018 VKR

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