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

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ITA/1293/2009HC DelhiDLHC01108727200920 December 2024Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE TUSHAR RAO GEDELA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Delhi dismissed the present 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 appeal was below the monetary threshold stipulated in the Circular dated 17.09.2024. Since the matter was not covered by any exceptions mentioned in the circular, the appeal was not pressed on merits and was accordingly dismissed. The operative direction was the dismissal of the appeal. No specific issue decided by the ITAT was reviewed or decided by the High Court.

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. 2144/Del/2007. The appeal pertains to the assessment year 2005-06. The assessee is J. Mitra & Co. Ltd. The counsel for the Revenue stated that the tax effect involved in the appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024 and does not fall under any exceptions mentioned in the circular.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved. The Revenue argued that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and is not covered by any exceptions. Therefore, the appeal should be dismissed on this ground. The judgment does not record any arguments from the assessee on this specific issue.

AI-generated summary — verify with the full judgment below

$~R-113 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1293/2009

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. 2144/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 12:02:56

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