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

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ITA/1292/2009HC DelhiDLHC01108734200920 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 appeal filed by the Revenue. The decision was based on the submission made by the Revenue's counsel that the tax effect involved in the present appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. Since the matter was not covered by any exceptions set out in the circular, the appeal was accordingly 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 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. 2788/Del/2007. The appeal pertained to the assessment year 2004-05. The assessee in this matter is J. Mitra & Co. Ltd. The counsel for the Revenue stated that the tax effect involved in the appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in a Circular dated 17.09.2024 and did not fall under any exceptions mentioned in the circular.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect involved? The Revenue argued that the appeal should be dismissed as the tax effect was below the threshold limit prescribed by the Circular dated 17.09.2024 and did not meet any exceptions. The judgment does not record any arguments from the assessee's side on this specific issue.

AI-generated summary — verify with the full judgment below

$~R-112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1292/2009

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. 2788/Del/2007 for the assessment year 2004-05. 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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