PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) ¿ 2, vs. SINDHU TRADE LINKS LTD.,

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ITA/456/2018HC DelhiDLHC01069787201821 August 2018Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court took the statement made by the counsel for the Revenue on record. The Court disposed of the appeals without answering the substantial questions of law. These questions were expressly left open. The reasoning was based on the Revenue's submission that the tax effect was below the threshold stipulated in Circular No. 3/2018, which permits the Revenue to not press appeals where the tax effect is below a certain amount, allowing the substantial questions of law to remain undecided. No specific findings were made on the merits of the case.

What were the facts?

The appeals, ITA Nos. 404/2018 and 456/2018, were filed by the Principal Commissioner of Income Tax (Central) - 2 against Sindhu Trade Links Ltd. The appeals challenged orders passed by an authority under the Income Tax Act. The procedural history indicates that the appeals were before the Delhi High Court. The revenue, represented by Mr. Zoheb Hossain, Sr. Standing Counsel, made a statement regarding the tax effect in the present appeals.

What were the issues?

1. Whether the substantial questions of law framed in the appeals need to be answered, considering the tax effect. (Question of law) Contentions: Assessee: Not recorded. Revenue: The tax effect in the present appeals is below Rs. 50,00,000/-. Therefore, in view of Circular No. 3/2018, dated 11th July, 2018, the substantial questions of law framed need not be answered and may be left open.

AI-generated summary — verify with the full judgment below

$~9 and 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA Nos. 404/2018 and 456/2018 PRINCIPAL COMMISSIONEROF INCOME TAX (CENTRAL) - 2, Appellant Through: Mr. Zoheb Hossain, Sr. Standing Counsel with Mr. Deepak Anand, Jr. Standing Counsel for Revenue. versus SINDHU TRADE LINKS LTD., Respondent Through: Mr. Harpreet Singh Ajmani, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR ORDER % 21.08.2018 Counsel for the Revenue states that the tax effect in the present appeals is below Rs.50,00,000/- and hence in view of the Circular No. 3/2018, dated 11^*^ July, 2018, the substantial questions oflaw framed need not be answeredand may be left open. Taking the statement on record, the appeals are disposed of without answering the substantial questions oflaw which are left open. ^ // C T - SANJIV KHANNA, J. CHANDER SHEKHAR, J. AUGUST 21, 2018 MR ^ Signed By:RAM DATT Signing Date:09.10.2024 15:41 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified

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