THE COMMISSIONER OF INCOME TAX vs. M/S INSILCO LTD.

PDF · subscribers
ITA/124/2005HC DelhiDLHC01059080200529 January 2016Bench: HON'BLE MR. JUSTICE G.S.SISTANI,HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the learned counsel for the Revenue pointed out that the tax effect in the appeal was less than Rs. 20 lakhs. Citing Circular No. 21/2015 dated 10th December, 2015, issued by the Central Board of Direct Taxes, the Revenue's counsel stated that they did not wish to press the appeal. Consequently, the High Court dismissed the appeal as not pressed. No decision was made on the merits of the case. Any dates previously fixed for the hearing of the appeal were cancelled.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax (Revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The assessee is M/s Insilco Ltd. The appeal pertains to the assessment year(s) not specified in the judgment. The Revenue is challenging a decision of the ITAT. The tax effect in dispute is stated to be less than Rs. 20 lakhs. The procedural history leading to this High Court appeal is not detailed, other than the fact that the Revenue has filed the present appeal before the Delhi High Court.

What were the issues?

1. Whether the appeal filed by the Revenue should be pressed in light of the tax effect being less than Rs. 20 lakhs, considering the CBDT Circular No. 21/2015. Contentions: Assessee: No specific contentions are recorded in the judgment. Revenue: The learned counsel for the Revenue stated that the tax effect is less than Rs. 20 lakhs and, in view of Circular No. 21/2015 dated 10th December, 2015 issued by the Central Board of Direct Taxes, does not press this appeal.

AI-generated summary — verify with the full judgment below

ITA 124/2005 Page 1 of 1

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 60 +

ITA 124/2005

THE COMMISSIONER OF INCOME TAX ..... Appellant Through Mr Ashok K. Manchanda, Senior Standing Counsel with Ms Vibhooti Malhotra, Junior Standing Counsel.

versus

M/S INSILCO LTD.

..... Respondent

Through Mr Anunav Kumar, Advocate.

CORAM: JUSTICE S. MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R %

29.01.2016 1. Learned counsel for the Revenue points out that the tax effect is less than Rs.20 lakhs. He states that in view of Circular No.21/2015 dated 10th December, 2015 issued by the Central Board of Direct Taxes, he does not press this appeal. 2. The appeal is dismissed as not pressed. 3. The date already fixed, if any, stands cancelled.

S.MURALIDHAR, J

VIBHU BAKHRU, J JANUARY 29, 2016/pkv

Recent GST High Court judgments

Search GST case law →