PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2 vs. M/S VICTORY STRUCTURE PVT. LTD.

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ITA/248/2018HC DelhiDLHC01429505201705 September 2019Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court, in light of the Circular dated 08.08.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, which fixes the monetary limit for departmental appeals before the High Court at Rs. 1,00,00,000/-, and considering that the tax effect in the present case is Rs. 16,83,000/-, disposed of the appeal as not pressed. The reasoning is solely based on the revised monetary limit stipulated in the circular. The court did not delve into the merits of the case. No specific issue was decided on its substance; the appeal was withdrawn by the appellant.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax (Central)-2 against M/s Victory Structure Pvt. Ltd. The assessment year(s) are not specified in the order. The appeal challenges an order from a lower authority, the details of which are not provided. The amount in dispute, referred to as the tax effect, is Rs. 16,83,000/-. The procedural history leading to this High Court appeal is not detailed beyond the fact that it is an appeal against a prior order.

What were the issues?

1. Whether the appeal should be entertained given the revised monetary limits for departmental appeals. This issue arises from the appellant's decision to withdraw the appeal. The appellant's contention is based on a circular issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, dated 08.08.2019, which sets the monetary limit for pursuing matters before the High Court at Rs. 1,00,00,000/-. The appellant argues that since the tax effect in the present case (Rs. 16,83,000/-) is below this limit, the appeal should be disposed of as not pressed. The respondent's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

$~55. * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 248/2018

PRINCIPAL COMMISSIONER OF

INCOME TAX (CENTRAL)-2

..... Appellant

Through: Mr. Zoheb Hossain, Advocate.

versus

M/S VICTORY STRUCTURE PVT. LTD. ..... Respondent Through: Ms. Umang Luthra, Ms. Mekhala Benny and Mr. Kislaya Parashar, Advocates.

CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R % 05.09.2019

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/- and in view of the fact that the tax effect in the present case is Rs.16,83,000/-, the present appeal is disposed of as not pressed.

VIPIN SANGHI, J

SANJEEV NARULA, J SEPTEMBER 05, 2019 kd

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