COMMISSIONER OF INCOME TAX vs. M/S KANAK EXPORTS

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ITA/1139/2009HC DelhiDLHC01085415200919 December 2024Bench: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA,HON'BLE THE ACTING CHIEF JUSTICE1 pages
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court dismissed the present appeal filed by the Revenue. The primary reason for dismissal was the submission made by the learned counsel for the Revenue that the tax effect involved in the appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. Consequently, the Court found the appeal to be not maintainable on account of low tax effect. No decision was made on the merits of the ITAT's order dated 23.12.2008. The operative direction was to dismiss the appeal.

What were the facts?

The Revenue has filed an appeal before the Delhi High Court challenging an order dated 23.12.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 2237/Del/2008. This order pertains to the assessment year 2005-06. The appeal was filed by the Commissioner of Income Tax against M/s Kanak Exports. The procedural history indicates that the ITAT had previously passed an order which is now under challenge by the Revenue. The specific grounds of appeal or the quantum of tax effect were not detailed in the provided text, other than the statement made by the Revenue's counsel.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved. The Revenue's contention, as stated by its counsel, is that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- stipulated in the Circular dated 17.09.2024. Based on this submission, the Revenue is implicitly arguing for the dismissal of the appeal on the grounds of low tax effect, as per the aforementioned circular. The judgment does not record any specific arguments from the respondent (M/s Kanak Exports) on this issue or any other substantive issue.

AI-generated summary — verify with the full judgment below

$~R-104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1139/2009

COMMISSIONER OF INCOME TAX

.....Appellant Through: Mr. Abhishek Maratha, Sr. SC with Mr. Parth Semwal (JSC), Mr. Apoorv Agarwal (JSC), Ms. Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha, Ms. Muskaan Goel and Mr. Kamakshraj Singh, Advocates

versus

M/S KANAK EXPORTS

.....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 23.12.2008 passed by the learned Income Tax Appellate Tribunal in ITA No.2237/Del/2008 for the assessment year 2005-06. 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 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 12:02:55

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