PR. COMMISSIONER OF INCOME TAX-4, NEW DELHI vs. NTPC VIDYUT VYAPAR NIGAM LTD

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ITA/265/2024HC DelhiDLHC01075376202320 March 2025Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE MR. JUSTICE TEJAS KARIA1 pages
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court 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 set out in the circular. Consequently, the Court disposed of the present appeal on account of low tax effect. The ratio decidendi is that appeals with a tax effect below the prescribed threshold, and not falling under any exceptions, are to be dismissed on that ground. No specific operative directions were given other than the disposal of the appeal.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax-4, New Delhi (Revenue) against NTPC Vidyut Vyapar Nigam Ltd (Assessee). The assessment year(s) are not specified. The order or action under challenge is the appeal itself, which was disposed of by the Delhi High Court. The amount in dispute is not explicitly stated, but the tax effect is mentioned as being below the threshold limit. The procedural history is that the Revenue filed the present appeal before the High Court.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect is below the threshold limit stipulated in the Circular dated 17.09.2024 and not covered by any exceptions. Assessee's Contention: The assessee has not recorded any specific contentions in the provided judgment. However, the court's decision implies that the assessee would likely rely on the circular regarding the low tax effect. Revenue's Contention: The Revenue has not recorded any specific contentions in the provided judgment. However, by filing the appeal, they would have implicitly argued for its maintainability despite the low tax effect, or for an exception to the circular.

AI-generated summary — verify with the full judgment below

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 265/2024 PR. COMMISSIONER OF INCOME TAX-4, NEW DELHI .....Appellant Through: Mr Shlok Chandra, SSC, Ms Naincy Jain and Ms Madhavi Shukla, JSCs and Mr Sushant Pandey, Advocate. versus NTPC VIDYUT VYAPAR NIGAM LTD .....Respondent Through: Mr Ved Jain, Mr Nishay Kantoor, Ms Sonia Dodeja and Mr Divyansh, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 20.03.2025 1. Concededly, 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. 2. Accordingly, the present appeal is disposed of on account of low tax effect. VIBHU BAKHRU, J TEJAS KARIA, J MARCH 20, 2025 M 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 28/03/2025 at 12:29:57

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