COMMISSIONER OF INCOME TAX DELHI II vs. JAGSON INTERNATIONAL LTD.

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ITA/262/2008HC DelhiDLHC01139807200729 November 2024Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE DR. JUSTICE SWARANA KANTA SHARMA2 pages
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court decided that the appeal filed by the Revenue was not maintainable. The Court noted the submission made by the Revenue's counsel that the tax effect involved in the appeal was below the threshold limit of ₹2,00,00,000/- as per the Circular dated September 17, 2024, and that no exceptions applied. Based on this, the Court concluded that the appeal should be dismissed on account of low tax effect. The specific findings of the ITAT order dated March 16, 2007, were not discussed or decided by the High Court, as the appeal was disposed of on a preliminary procedural ground. No operative directions were issued by the High Court.

What were the facts?

The Revenue, represented by the Commissioner of Income Tax Delhi II, filed an appeal before the Delhi High Court challenging an order dated March 16, 2007, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 3880/D/2003. This order pertained to the assessment year 2001-02. The appeal was filed by the Revenue against the assessee, Jagson International Ltd. The procedural history indicates that the ITAT had previously passed an order which is now under challenge by the Revenue.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved. The Revenue, through its counsel, stated that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated September 17, 2024. The Revenue further contended that the appeal is not covered by any exceptions mentioned 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-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 262/2008

COMMISSIONER OF INCOME TAX DELHI II .....Appellant Through: Mr. Abhishek Maratha, SSC with Mr. Parth Semwal, Mr. Apoorv Agarwal, JSCs, Ms. Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha, Ms. Muskaan Goel and Mr. Kamakshraj Singh, Advocates

versus

JAGSON INTERNATIONAL LTD.

.....Respondent Through: Counsel (appearance not given)

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R %

29.11.2024 1. The Revenue has filed the present appeal impugning the order dated 16.03.2007 passed by the learned Income Tax Appellate Tribunal in ITA No.3880/D/2003 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 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 04/12/2024 at 12:03:24

effect.

VIBHU BAKHRU, J

SWARANA KANTA SHARMA, J NOVEMBER 29, 2024 ns

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 04/12/2024 at 12:03:24

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