COMMISSIONER OF INCOME TAX vs. FENA PVT LTD

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ITA/1325/2008HC DelhiDLHC01151873200811 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 Delhi High Court dismissed the appeal filed by the Revenue. The primary reason for dismissal was the low tax effect involved, which was stated to be below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024. The court noted that the appeal was not covered by any exceptions outlined in the circular. Therefore, the appeal was disposed of on this procedural ground without delving into the merits of the ITAT's order. No specific findings were 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 09.05.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.202/Del./2003. The appeal pertains to the assessment year 1994-95. 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 Contention: Not recorded. Revenue's Contention: The Revenue's counsel submitted 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. This implies the Revenue is acknowledging the low tax effect and its implications for the appeal's maintainability.

AI-generated summary — verify with the full judgment below

$~R-56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1325/2008

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.202/Del./2003 for the assessment year 1994-95. 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 00:18:28

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