COMMISSIONER OF INCOME TAX vs. S.K.SETHI

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ITA/171/2009HC DelhiDLHC01179755200816 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 present appeal filed by the Revenue. The reasoning provided is that the tax effect involved in the appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. Furthermore, the Revenue stated that the appeal is not covered by any exceptions mentioned in the circular. Therefore, based on the low tax effect, the appeal was dismissed. The operative direction is the dismissal of the appeal. No issue was expressly left undecided.

What were the facts?

The Revenue (Commissioner of Income Tax) filed an appeal before the High Court of Delhi against an order dated 29.02.2008 passed by the Income Tax Appellate Tribunal (ITAT) in IT(SS) A No.220/Del/2004. This order pertained to the block period 1986 to 1997. The assessee in this case is S.K. Sethi. The appeal was filed by the Revenue. The amount in dispute is not explicitly stated, but the tax effect is mentioned as being below a certain threshold.

What were the issues?

1. Whether the present 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. The Revenue further contended that the appeal is not covered by any exceptions set out in the said circular. The judgment does not record any arguments from the assessee's side regarding this issue.

AI-generated summary — verify with the full judgment below

$~R-76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 171/2009 COMMISSIONER OF INCOME TAX

..... Appellant Through: Mr. Puneet Rai, SSC with Mr. Rishabh Nangia and Mr. Ashwini Kumar, Adv Versus

S.K. SETHI

.....Respondent

Through:

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

16.12.2024

1.

The Revenue has filed the present appeal impugning the order dated 29.02.2008 passed by the learned Income Tax Appellate Tribunal in IT(SS) A No.220/Del/2004 for the block period 1986 to 1997. 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. All pending applications are also dismissed.

VIBHU BAKHRU, ACJ

TUSHAR RAO GEDELA, J DECEMBER 16, 2024 RK

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 20/12/2024 at 12:50:03

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