PR. COMMISSIONER OF INCOME TAX (CENTRAL) -2 vs. M/S. ACB INDIA LTD.
What did the High Court hold?
The High Court of Delhi held that the tax effect in this appeal falls below INR 2 Crores. Consequently, in light of the provisions of Circular No. 9/2024 dated 17 September 2024, the appeal is not liable to be continued. The Court dismissed the appeal on the ground of low tax effect. The proposed questions of law were explicitly kept open to be urged and addressed in an appropriate future case. No decision was made on the merits of the substantive issues of the appeal.
What were the facts?
This appeal was filed by the Principal Commissioner of Income Tax (Central)-2 against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s. ACB India Ltd. The appeal concerns a tax effect that falls below INR 2 Crores. The procedural history leading to this appeal is not detailed in the provided text. The present order is from the High Court of Delhi.
What were the issues?
1. Whether the appeal should be continued given the tax effect below INR 2 Crores, in light of Circular No. 9/2024 dated 17 September 2024? (Question of law) Assessee's Contention: Not recorded. Revenue's Contention: The revenue, represented by the Principal Commissioner of Income Tax, has filed the appeal. The judgment does not explicitly record their arguments regarding the continuation of the appeal, but their action of filing the appeal implies a desire to pursue it. The judgment references Circular No. 9/2024, which sets monetary limits for departmental appeals.
AI-generated summary — verify with the full judgment below
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1259/2018
PR. COMMISSIONER OF INCOME TAX (CENTRAL) -2
.....Appellant Through: Mr. Indruj Singh Rai, SSC with Mr. Sanjeev Menon, Mr. Rahul Singh, Mr. Anmol Jagga and Mr. Gaurav Kumar, Advs.
versus
M/S. ACB INDIA LTD.
.....Respondent Through: Mr. Aniket D. Agrawal and Mr. Abhishek Singhavi, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R %
18.12.2024 1. Undisputedly, the tax effect which forms the subject matter of this appeal falls below INR 2 Crores and would thus not be liable to be continued in light of the provisions made in Circular No. 9/2024 dated 17 September 2024. 2. The appeal is, consequently, dismissed on the ground of low tax effect. The proposed questions of law are kept open to be urged and addressed in an appropriate case.
YASHWANT VARMA, J.
DHARMESH SHARMA, J. DECEMBER 18, 2024/DR 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 20/12/2024 at 12:49:48
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