THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. SPI GLOBAL US INC

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ITA/483/2024HC DelhiDLHC01058732202422 November 2024Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE DR. JUSTICE SWARANA KANTA SHARMA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal filed by the Revenue. The Court noted the submission by the Revenue's counsel that the tax effect in the appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024 and was not covered by any exceptions. Based on this submission, the Court found no reason to proceed with the appeal on merits. The operative direction was to dismiss the appeal. No issues were expressly left undecided.

What were the facts?

The Revenue has filed an appeal before the Delhi High Court challenging an order dated 13.03.2024 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.1912/Del/2023. The appeal pertains to the assessment year 2020-21. The assessee is SPI Global US Inc. The Revenue, represented by its counsel, stated 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 does 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 appeal is below the monetary threshold prescribed by the CBDT Circular dated 17.09.2024 and does not meet any exceptions, thus it should be dismissed. The judgment does not record any arguments from the assessee's side.

AI-generated summary — verify with the full judgment below

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 483/2024

THE COMMISSIONER OF INCOME TAX –

INTERNATIONAL TAXATION -3

.....Appellant

Through: Mr. Ruchir Bhatia, SSC with Mr.

Anant Mann and Mr. Abhishek

Anand, JSCs

versus

SPI GLOBAL US INC

.....Respondent

Through: Ms. Ananya Kapoor, Advocate

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R %

22.11.2024 1. The Revenue has filed the present appeal impugning the order dated 13.03.2024 passed by the learned Income Tax Appellate Tribunal in ITA No.1912/Del/2023 for the assessment year 2020-21. 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 effect.

VIBHU BAKHRU, J

SWARANA KANTA SHARMA, J NOVEMBER 22, 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 29/11/2024 at 12:52:27

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