COMMISSIONER OF INCOME TAX vs. FENA PVT LTD

PDF · subscribers
ITA/1340/2008HC DelhiDLHC01151880200811 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 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 threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. The counsel also confirmed that the appeal did not fall under any of the exceptions provided in the circular. Consequently, the court found no reason to proceed with the merits of the appeal and ordered its dismissal on the grounds of low tax effect. No finding was given on the substantive issues that might have been raised in the appeal against the ITAT's order.

What were the facts?

The Revenue, represented by the Commissioner of Income Tax, 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.197/Del./2003. This order pertained to the assessment year 1991-92 and was against the assessee, FENA PVT LTD. The appeal was presented before a division bench of the High Court. The Revenue's counsel informed the court that the tax effect in the appeal was below the threshold limit of ₹2,00,00,000/- stipulated in a Circular dated 17.09.2024 and did not fall under any exceptions mentioned therein.

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 was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024 and was not covered by any exceptions. Therefore, the appeal should be dismissed on this ground. The Respondent (assessee) did not present any arguments as the appeal was dismissed on the preliminary submission made by the Revenue.

AI-generated summary — verify with the full judgment below

$~R-57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1340/2008

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.197/Del./2003 for the assessment year 1991-92. 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 00:35:56

Recent GST High Court judgments

Search GST case law →