THE PR. COMMISSIONER OF INCOME TAX -5 vs. KRONOS SOLUTIONS INDIA PVT. LTD.

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ITA/495/2018HC DelhiDLHC01097246201830 July 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 disposed of the appeal without answering the substantial question of law. The Court recorded the statement made by the Revenue that the amount in dispute in the present appeal is below Rs. 50 Lacs. In terms of Circular No. 3/2018 dated 11.07.2018, the substantial question of law raised in the appeal need not be answered. Therefore, the appeal was disposed of, leaving the substantial question of law open. No specific finding was given on the merits of the case, and no operative directions were issued other than disposing of the appeal.

What were the facts?

The appeals, ITA 427/2018 and ITA 495/2018, were filed by the Commissioner of Income Tax-5 (the Revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent in these appeals is Kronos Solutions India Pvt. Ltd. (the Assessee). The appeals were filed before the Delhi High Court. The procedural history indicates that the matter was brought before the High Court for adjudication. The Revenue was represented by Mr. Ruchir Bhatia, Advocate, and the Assessee was represented by Mr. Kamal Sawhney, Mr. Prashant Meharchandani, and Mr. Upkar Agrawal, Advocates.

What were the issues?

1. Whether the substantial question of law raised in the appeal needs to be answered, considering the monetary limit prescribed by Circular No. 3/2018 dated 11.07.2018. The Revenue contended that the appeal should be decided on merits. The Assessee argued that the monetary limit of the appeal is below Rs. 50 Lacs, and therefore, the substantial question of law need not be answered, as per the circular. The Tribunal had to decide whether to proceed with answering the substantial question of law or dispose of the appeal based on the circular.

AI-generated summary — verify with the full judgment below

Q _$~3-arid4 '-• •• • V'' • * In the high court of DELHI at NEW DELHI t-^ + : ITA 427/2018 and ^ +. ITA 495/2018 with GM No. 16306/2018 THEPR. COJMSSIONER OF INCOME TAX -5. ..... Appellant ' , . • Through , Mr. Ruchir Bhatia, Advocate - • • •, versus- / - , - v • : ," - ' KRONQS SOLUTIONS INDIAPVT. LTD. ' ..... Respondent > Through ]\^.,Kamal Sawhney, Mr.^Prashant • Meharchandani and Mr. Upkar / . • • ' Agrawai,Advs. ^ , .jCORAM: V-^. HON'BLE Mk. JUSTICE SANJIV KHA^NNA % ORDER 30.07.2018. in the present appeal is below Rs.50 Lacs and therefore,'in terms of , .' circular, No., 3/2018 dated 11.07.2018, the subst^tial/qiiestion oflaw ,. raised in the appeal need not be answered. , ' • ' ' ; Recording the aforesaid statement,'the appeal is disposed of ,. iwithout answering,the substantial'question of lawwhich is leftopen.; , "\ SANJIVKHANNAiJ JULY30,2018/b CHAND KH^,J i-J ^ , •, X . , 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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