COMMISSIONER OF INCOME TAX vs. J. MITRA & CO. LTD.

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ITA/1291/2009HC DelhiDLHC01108728200920 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 High Court of Delhi dismissed the present appeal filed by the Revenue. The primary reason for dismissal was the low tax effect. The Revenue's counsel conceded that the tax effect involved in the appeal was below the monetary threshold stipulated in the Circular dated 17.09.2024 and did not fall under any of the exceptions provided therein. Consequently, the Court found no reason to entertain the appeal. The ITAT's order dated 19.12.2008, which was under challenge, was not adjudicated on its merits. No specific finding or reasoning from the ITAT's order is discussed or overturned by the High Court. The operative direction is the dismissal of the appeal.

What were the facts?

The Revenue has filed an appeal before the High Court of Delhi challenging an order dated 19.12.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.2994/Del/2007. This order pertains to the assessment year 2005-06. The assessee in this case is J. Mitra & Co. Ltd. The appeal was filed by the Commissioner of Income Tax. The procedural history leading to this appeal involves the ITAT's decision which is now under challenge by the Revenue.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved, in light of the Circular dated 17.09.2024? Assessee's Contention: The judgment does not record any specific contentions made by the assessee. Revenue's Contention: The learned counsel for the Revenue stated that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024 and is not covered by any exceptions mentioned in the circular. Therefore, the appeal is not maintainable.

AI-generated summary — verify with the full judgment below

$~R-111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1291/2009

COMMISSIONER OF INCOME TAX

.....Appellant Through: Mr Gaurav Gupta, Senior Standing Counsel with Mr Shivendra Singh and Mr Yojit Pareek, Advocates.

versus

J. MITRA & CO. LTD.

.....Respondent

Through:

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

20.12.2024 1. The Revenue has filed the present appeal impugning the order dated 19.12.2008 passed by the learned Income Tax Appellate Tribunal in ITA No.2994/Del/2007 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 and is not covered by any exceptions as set out in the circular. 3. Accordingly, the present appeal is dismissed on account of low tax effect.

VIBHU BAKHRU, ACJ

TUSHAR RAO GEDELA, J DECEMBER 20, 2024 RK

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 12:02:44

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