COMMISSIONER OF INCOME T AX vs. FENA PVT LTD
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 appeal did not fall under any of the exceptions outlined in the circular, the Court found no reason to proceed with the merits of the case. The operative direction was to dismiss the appeal. No issues were expressly left undecided as the appeal was disposed of on a preliminary ground.
What were the facts?
The Revenue has filed an appeal before the High Court of Delhi challenging an order dated 09.05.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.206/Del./2003. The appeal pertains to the assessment year 1995-96. The assessee is FENA PVT LTD. The Revenue's counsel stated that the tax effect involved in the appeal is below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and does 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. Assessee's arguments: Not recorded. Revenue's arguments: The Revenue contended 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 therein. Therefore, the appeal should be dismissed on this ground.
AI-generated summary — verify with the full judgment below
$~R-55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1319/2008
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.206/Del./2003 for the assessment year 1995-96. 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
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