PR. COMMISSIONER OF INCOME TAX - 18,NEW DELHI vs. JANTA CO-OPERATIVE BANK LTD.
What did the High Court hold?
The High Court recorded the statement made by the appellant/Revenue that the tax effect involved in the appeal is below Rs. 50,00,000/-. In terms of Circular No. 3/2018 dated 11.07.2018, the Court disposed of the appeal without examining and deciding the issue/question raised. The Court clarified that the issue/question is left open. The ratio of this decision is that appeals with a tax effect below a certain threshold, as defined by CBDT circulars, can be disposed of without merits, based on the Revenue's submission regarding the tax effect and the circular's mandate. No specific relief was granted or denied on the merits of the case.
What were the facts?
The appeal was filed by the Principal Commissioner of Income Tax - 18, New Delhi (Revenue) against Janta Co-operative Bank Ltd. (Assessee). The assessment year(s) are not specified. The appeal challenges an order or action, the details of which are not provided. The procedural history is that the Revenue's counsel stated that the tax effect involved in the appeal is below Rs. 50,00,000/-. This statement was made in reference to Circular No. 3/2018 dated 11.07.2018.
What were the issues?
1. Whether the appeal should be disposed of without examining the issue/question raised, given the tax effect is below Rs. 50,00,000/- as per Circular No. 3/2018. (Question of law) Contentions: Assessee: Not recorded. Revenue: The tax effect involved in this appeal is below Rs. 50,00,000/- and hence, in terms of Circular No. 3/2018 dated 11.07.2018, the appeal may be disposed of without examining and deciding the issue/question raised.
AI-generated summary — verify with the full judgment below
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 391/2017
PR. COMMISSIONER OF INCOME TAX - 18,
NEW DELHI
..... Appellant
Through Mr. Ashok K. Manchanda, Sr.
Standing Counsel
versus
JANTA CO-OPERATIVE BANK LTD.
..... Respondent
Through Mr. Rishabh Oswal, Advocate
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R %
26.09.2018
Learned counsel for the appellant/Revenue states that the tax effect involved in this appeal is below Rs.50,00,000/- and hence, in terms of circular No.3/2018 dated 11.7.2018, the appeal may be disposed of, without examining and deciding the issue/question raised.
Recording the aforesaid, the appeal is disposed of, without examining the issue/question raised. We also clarify that the issue/question is left open.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J. SEPTEMBER 26, 2018 b
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