PR. COMMISSIONER OF INCOME TAX -12 vs. JAWALA CO-OPERATIVE THRIFT AND CREDIT SOCIETY LIMITED

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ITA/371/2023HC DelhiDLHC01026105202326 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 High Court of Delhi dismissed the appeal filed by the Revenue. The decision was based on 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 stipulated in the Circular dated 17.09.2024. Since the matter did not fall under any of the exceptions provided in the circular, the appeal was deemed not maintainable on grounds of low tax effect. The Tribunal's order dated 12.11.2021 was not adjudicated on its merits. The operative direction was the dismissal of the appeal.

What were the facts?

The Revenue, represented by the Principal Commissioner of Income Tax-12, filed an appeal before the Delhi High Court challenging an order dated 12.11.2021 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.2982/Del/2018. The appeal pertained to the assessment year 2013-14. The assessee in this case is Jawala Co-operative Thrift and Credit Society Limited. During the proceedings before the High Court, the counsel for the Revenue stated that the tax effect in the present appeal was below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and did not fall under any of the exceptions mentioned in the circular.

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 this ground. The Respondent (assessee) did not present any arguments as the appeal was dismissed on the preliminary ground raised by the Revenue.

AI-generated summary — verify with the full judgment below

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 371/2023

PR. COMMISSIONER OF INCOME TAX -12 .....Appellant Through: Mr. Indruj Singh Rai, SSC with Mr. Sanjeev Menon, Mr. Rahul Singh, JSCs, Mr. Anmol Jagga and Mr. Prithviraj Dey, Advocates

versus

JAWALA CO-OPERATIVE THRIFT AND CREDIT SOCIETY LIMITED

.....Respondent Through: Mr. Rajesh Mahna, Ms. Silky Wadhwa and Mr. Shiva Narang, Advocates

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R %

26.11.2024 1. The Revenue has filed the present appeal impugning the order dated 12.11.2021 passed by the learned Income Tax Appellate Tribunal in ITA No.2982/Del/2018 for the assessment year 2013-14. 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 02/12/2024 at 12:08:05

effect.

VIBHU BAKHRU, J

SWARANA KANTA SHARMA, J NOVEMBER 26, 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 02/12/2024 at 12:08:05

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