THE COMMISSIIONER OF INCOME TA vs. M/S REGENCY EXPRESS BUILDERS P

ITA/1400/2006HC DelhiDLHC01061180200610 December 2019Bench: CASES PERTAINING TO SPL.DIVISION BENCHES1 pages

AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal. The court noted a circular dated 08.08.2019 from the Ministry of Finance, Central Board of Direct Taxes, which stipulated a monetary limit of Rs. 1,00,00,000/- for the Department to pursue matters before the High Court. The court observed that the tax effect in the present appeal was below this permissible limit. Consequently, based on this circular and a letter from the ACIT dated 20.11.2019, the appeal was disposed of. No decision was made on the substantive merits of the tax demands.

What were the facts?

The Commissioner of Income Tax (CIT) filed an appeal before the High Court of Delhi against an order passed by the CIT(A). The appeal pertains to assessment years not explicitly stated in the provided text. The dispute involves income tax demands of Rs. 11,44,934/-, Rs. 65,597/-, and Rs. 10,18,272/-, as detailed in the CIT(A)'s order dated 24.09.2002. The appeal was filed by the Revenue. A letter dated 20.11.2019 from the ACIT, Judicial-2, New Delhi, is also mentioned.

What were the issues?

The High Court had to decide whether to proceed with the appeal filed by the Revenue. The primary consideration was the monetary limit for tax effect fixed by a circular dated 08.08.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes. This circular set the monetary limit for the Department to pursue matters before the High Court at Rs. 1,00,00,000/-. The Revenue's contention, implied by the court's decision, would be that the appeal should be heard on its merits. The Assessee's position is not recorded.

AI-generated summary — verify with the full judgment below

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1400/2006 THE COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Deepak Anand, Senior Standing Counsel with Mr. Vipul Agarwal, Advocate. versus M/S REGENCY EXPRESS BUILDERS P ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON’BLE MS. JUSTICE REKHA PALLI O R D E R % 10.12.2019 In the light of the circular dated 08.08.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Judicial Section), Government of India, which fixes the monetary limit in respect of tax effect, inter alia, before the High Court in which the Department could pursue the matter as Rs. 1,00,00,000/-; the income tax demands of Rs. 11,44,934/-, Rs. 65,597/- and 10,18,272/- as mentioned in the order of CIT (A) dated 24.09.2002, as also the letter dated 20.11.2019 issued by ACIT, Judicial-2, New Delhi, the tax effect in the present appeal being below the permissible tax effect limit, the present appeal is disposed of. VIPIN SANGHI, J REKHA PALLI, J DECEMBER 10, 2019/nk

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