COMMISSIONER OF INCOME TAX vs. MEGHA AKASH INSTRUMENTS PVT LTD

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ITA/454/2012HC DelhiDLHC01123996201215 January 2025Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the tax effect forming the subject matter of the appeal falls below INR 2 Crores. Consequently, in light of the provisions of Circular No. 9/2024 dated 17 September 2024, the appeal is not liable to be continued. The Court dismissed the appeal on the ground of low tax effect. The proposed questions of law, which were not explicitly stated in the judgment, were kept open to be urged and addressed in an appropriate case. No specific findings were made on the merits of the substantive tax dispute.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax (Appellant) against an order concerning Megha Akash Instruments Pvt Ltd (Respondent). The assessment year(s) are not specified. The appeal challenges a decision of an authority below, though the specific order or action is not detailed. The procedural history is limited to the filing of this appeal before the High Court. The core of the matter revolves around a tax effect which is stated to be below INR 2 Crores.

What were the issues?

1. Whether the appeal is maintainable in light of the tax effect falling below the threshold stipulated in Circular No. 9/2024 dated 17 September 2024? Assessee's Contention: Not recorded. Revenue's Contention: The revenue, through its counsel, acknowledged that the tax effect in the appeal falls below INR 2 Crores. They did not contest that this would render the appeal liable to be dismissed in accordance with the provisions of Circular No. 9/2024.

AI-generated summary — verify with the full judgment below

$~166 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 454/2012

COMMISSIONER OF INCOME TAX

.....Appellant Through: Mr. Puneet Rai, SSC, Mr. Ashvini Kumar and Mr. Rishabh Nangia, SCs.

versus

MEGHA AKASH INSTRUMENTS PVT LTD .....Respondent

Through: Appearance not given

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R %

15.01.2025 Undisputedly, the tax effect which forms the subject matter of this appeal falls below INR 2 Crores and would thus not be liable to be continued in light of the provisions made in Circular No. 9/2024 dated 17 September 2024. The appeal is, consequently, dismissed on the ground of low tax effect. The proposed questions of law are kept open to be urged and addressed in an appropriate case.

YASHWANT VARMA, J.

HARISH VAIDYANATHAN SHANKAR, J. JANUARY 15, 2025/neha/nd 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 24/01/2025 at 15:13:17

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