COMMISSIONER OF INCOME TAX vs. STAINLESS INVESTMENT LTD.

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ITA/1116/2009HC DelhiDLHC01127569200919 December 2024Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE TUSHAR RAO GEDELA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the present appeal filed by the Revenue. The decision was based on the statement made by the Revenue's counsel that the tax effect involved in the appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated September 17, 2024. Consequently, the appeal was dismissed on account of low tax effect. No decision was made on the merits of the ITAT's order.

What were the facts?

The Revenue, represented by the Commissioner of Income Tax, filed an appeal before the Delhi High Court against an order dated January 23, 2009, passed by the Income Tax Appellate Tribunal (ITAT). The appeal concerned assessment year 1998-99 and was filed by the Revenue against Stainless Investment Ltd. The ITAT's order was the subject of challenge. The procedural history indicates that the Revenue filed the present appeal impugning the ITAT's decision.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the Revenue should be entertained. The Revenue's counsel stated that the tax effect involved in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated September 17, 2024. No specific arguments were recorded for the respondent (assessee). The question of law, implicitly, is whether an appeal with a tax effect below the prescribed monetary limit should be dismissed.

AI-generated summary — verify with the full judgment below

$~R-103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1116/2009

COMMISSIONER OF INCOME TAX

.....Appellant Through: Mr. Gaurav Gupta, SSC with Mr. Shivendra Singh and Mr. Yojit Pareek, JSCs

versus

STAINLESS INVESTMENT LTD

.....Respondent

Through:

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

19.12.2024 1. The Revenue has filed the present appeal impugning the order dated 23.01.2009 passed by the learned Income Tax Appellate Tribunal in ITA No.4315 /DEL/2002 for the assessment year 1998-99. 2. At the outset, the learned counsel appearing for the Revenue states that the tax effect involved in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. 3. Accordingly, the present appeal is dismissed on account of low tax effect. VIBHU BAKHRU, ACJ

TUSHAR RAO GEDELA, J DECEMBER 19, 2024 Aj

Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 12:02:45

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