COMMISSIONER OF INCOME TAX vs. FENA PVT LTD

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ITA/1306/2008HC DelhiDLHC01151857200811 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 Tribunal did not decide on the merits of the case. The High Court, based on the submission by the Revenue's counsel, noted that the tax effect involved in the appeal was below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and did not fall under any exceptions. Consequently, the appeal was dismissed solely on the ground of low tax effect. No other issues were addressed or decided.

What were the facts?

The Revenue, represented by its counsel, filed an appeal before the Delhi High Court challenging an order dated 09.05.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 204/Del./2003. This order pertained to the assessment year 1996-97 and was against the assessee, FENA PVT LTD. During the proceedings, the Revenue's counsel stated that the tax effect in the present appeal was below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and did not fall under any stated exceptions.

What were the issues?

1. Whether the 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 stipulated in the Circular dated 17.09.2024 and is not covered by any exceptions. Therefore, the appeal should be dismissed on this ground. The Respondent (assessee) did not present any arguments as recorded in the judgment.

AI-generated summary — verify with the full judgment below

$~R-53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1306/2008

COMMISSIONER OF INCOME TAX

.....Appellant

Through: Mr. Puneet Rai, SSC, Mr. Ashvini

Kumar and Mr. Rishabh Nangia, JSCs

versus

FENA PVT LTD

.....Respondent

Through:

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

11.12.2024 1. The Revenue has filed the present appeal impugning the order dated 09.05.2008 passed by the learned Income Tax Appellate Tribunal in ITA No.204/Del./2003 for the assessment year 1996-97. 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 11, 2024 Aj

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 03/07/2025 at 00:35:43

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