THE COMMISSIONER OF INCOME TAX V vs. NEW DELHI AUTO FINANCE P.LTD.

PDF · subscribers
ITA/298/2009HC DelhiDLHC01109886200817 December 2024Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE TUSHAR RAO GEDELA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the tax effect involved in the present appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated September 17, 2024, and was not covered by any exceptions mentioned therein. Consequently, the appeal was dismissed on the ground of low tax effect. The court did not delve into the merits of the ITAT's order. The ratio decidendi is that appeals with a tax effect below the prescribed monetary limit, without falling under any exceptions, are to be dismissed.

What were the facts?

The Revenue (Commissioner of Income Tax) filed an appeal before the Delhi High Court against an order dated January 11, 2008, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 2128/Del/2003. The appeal pertained to the assessment year 1997-98. The respondent in the appeal was New Delhi Auto Finance P. Ltd. The Revenue's counsel stated that the tax effect in the appeal was below the threshold limit of ₹2,00,00,000/- as per a Circular dated September 17, 2024, and did not fall under any exceptions.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved. The Revenue argued that the tax effect 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. Therefore, the appeal should be dismissed on account of low tax effect. The judgment does not record any arguments from the respondent.

AI-generated summary — verify with the full judgment below

$~R-85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 298/2009

THE COMMISSIONER OF INCOME TAX V .....Appellant

Through: Appearance not given

versus

NEW DELHI AUTO FINANCE 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 11.01.2008 passed by the learned Income Tax Appellate Tribunal in ITA No.2128 /Del/2003 for the assessment year 1997-98. 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. 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 11:54:03

Recent GST High Court judgments

Search GST case law →