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

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ITA/1294/2009HC DelhiDLHC01108732200920 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 Delhi High Court dismissed the appeal filed by the Revenue. The primary reason for dismissal was the low tax effect involved in the appeal. The Court noted the submission made by the Revenue's counsel that the tax effect was below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and that no exceptions applied. Therefore, the appeal was not pressed on merits and was disposed of solely on the administrative ground of low tax effect. No decision was made on the substantive issues that might have been raised in the appeal.

What were the facts?

The Revenue has filed an appeal before the Delhi High Court challenging an order dated 19.12.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.581/Del/2007 concerning the assessment year 2003-04. The assessee is J. Mitra & Co. Ltd. The appeal was presented by the Commissioner of Income Tax. The procedural history indicates that the ITAT had previously passed an order which is now under challenge by the Revenue. The specific amount in dispute is not explicitly stated in the provided text, but the appeal's dismissal is based on the tax effect.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved? The Revenue's contention, as presented by its counsel, is 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. Furthermore, the Revenue states that the appeal is not covered by any exceptions outlined in the said circular. The judgment does not record any arguments from the assessee's side.

AI-generated summary — verify with the full judgment below

$~R-114 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1294/2009

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.581/Del/2007 for the assessment year 2003-04. 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 12:02:45

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