COMMISSIONER OF INCOME TAX DELHI vs. KAMLESH STEELS P.LTD.

PDF · subscribers
ITA/255/2009HC DelhiDLHC01007550200917 December 2024Bench: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA,HON'BLE THE ACTING CHIEF JUSTICE1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Delhi held 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. Based on this, the Court dismissed the appeal. The reasoning is solely based on the monetary limit prescribed by the circular for filing appeals, without delving into the merits of the ITAT's order. The ratio decidendi is that appeals with a tax effect below the prescribed threshold, and not falling under any exceptions, are not maintainable. The operative direction was the dismissal of the appeal.

What were the facts?

The Revenue has filed an appeal before the High Court of Delhi against an order dated 08.08.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA Nos. 2365, 2366 & 2367/Delhi/2005. The appeal pertains to the assessment year 2001-02. The assessee is Kamlesh Steels P. Ltd. The Revenue's counsel stated that the tax effect involved in the appeal is below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and does not fall under any exceptions. Consequently, the appeal was dismissed.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved? (Question of law) Assessee's Contention: Not recorded in the judgment. Revenue's Contention: The Revenue argued that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- stipulated in the Circular dated 17.09.2024 and is not covered by any exceptions. Therefore, the appeal should be dismissed on this ground.

AI-generated summary — verify with the full judgment below

$~R-83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 255/2009

COMMISSIONER OF INCOME TAX DELHI .....Appellant Through: Mr. Gaurav Gupta, SSC, Mr. Shivendra Singh, JSC and Mr. Yojit Pareek, JSC

versus

KAMLESH STEELS P. LTD

.....Respondent

Through:

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

17.12.2024 1. The Revenue has filed the present appeal impugning the order dated 08.08.2008 passed by the learned Income Tax Appellate Tribunal in ITA No.2365, 2366 & 2367/Delhi/2005 for the assessment year 2001-02. 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 17, 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 24/12/2024 at 11:53:59

Recent GST High Court judgments

Search GST case law →