PR. COMMISSIONER OF INCOME TAX-6 vs. NALWA STEEL & POWER LTD

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ITA/211/2019HC DelhiDLHC01001694201819 December 2024Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE DHARMESH SHARMA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the tax effect in this appeal falls below INR 2 Crores. Consequently, the appeal is not liable to be continued in light of the provisions of Circular No. 9/2024 dated 17 September 2024. The appeal is dismissed on the ground of low tax effect. The proposed questions of law are kept open to be urged and addressed in an appropriate case. The operative direction is the dismissal of the appeal. No specific issue was decided on merits.

What were the facts?

This is an appeal filed by the Principal Commissioner of Income Tax-6 (the Revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is Nalwa Steel & Power Ltd (the Assessee). The appeal concerns a tax effect that falls below INR 2 Crores. The Revenue has filed this appeal before the High Court of Delhi. The judgment does not specify the assessment year(s) or the specific order or action under challenge before the ITAT, nor does it mention the amount in dispute beyond the tax effect threshold. The procedural history leading to this High Court appeal is not detailed.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect falling below INR 2 Crores, in light of Circular No. 9/2024 dated 17 September 2024? (Question of law) The Revenue, through its counsel Mr. Sunil Agarwal, Sr. Standing Counsel, has brought this appeal. The Assessee is represented by Mr. Salil Kapoor, Mr. Sumil-Lal Chandani, and Ms. Ananya Kapoor, Advs. The judgment does not record specific arguments from either side regarding the merits of the case. The primary focus of the judgment is on the applicability of the circular concerning the tax effect.

AI-generated summary — verify with the full judgment below

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 211/2019

PR. COMMISSIONER OF INCOME TAX-6 .....Appellant Through: Mr. Sunil Agarwal, Sr. Standing Counsel

versus

NALWA STEEL & POWER LTD

.....Respondent Through: Mr. Salil Kapoor, Mr. Sumil- Lal Chandani and Ms. Ananya Kapoor, Advs.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R %

19.12.2024

1.

Undisputedly, the tax effect which forms the subject matter of this appeal falls below INR 2 Crores and would thus not be liable to be continued in light of the provisions made in Circular No. 9/2024 dated 17 September 2024. 2. The appeal is, consequently, dismissed on the ground of low tax effect. The proposed questions of law are kept open to be urged and addressed in an appropriate case.

YASHWANT VARMA, J.

DHARMESH SHARMA, J. DECEMBER 19, 2024 sp 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 00:32:05

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