COMMISSIONER OF INCOME TAX vs. JRM PROPERTIES PVT. LTD.

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ITA/505/2009HC DelhiDLHC01051208200917 December 2024Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE TUSHAR RAO GEDELA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Delhi, considering the submission made by the Revenue's counsel, held that the tax effect involved in the present appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. The court also noted that the appeal was not covered by any exceptions mentioned in the circular. Based on this, the court decided to dismiss the present appeal. The ratio decidendi is that appeals with a tax effect below the prescribed monetary limit, and not falling under any exceptions, are to be dismissed. The operative direction was the dismissal of the appeal.

What were the facts?

The Revenue, represented by its counsel, filed an appeal before the High Court of Delhi. The appeal challenged an order dated 19.09.2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.2253/Del/2005. This order pertained to the assessment year 2003-04. The assessee in this case is JRM Properties Pvt. Ltd. The Revenue's counsel stated that the tax effect in the present appeal was below the threshold limit of ₹2,00,00,000/- as per a Circular dated 17.09.2024 and did not fall under any exceptions. Consequently, the appeal was dismissed.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect involved? Assessee's Arguments: Not recorded in the judgment. Revenue's Arguments: The Revenue, through its counsel, submitted that the tax effect in the present appeal was below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. Furthermore, the appeal was not covered by any exceptions set out in the said circular. This submission implicitly argues that the appeal should be dismissed on grounds of low tax effect.

AI-generated summary — verify with the full judgment below

$~R-87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 505/2009

COMMISSIONER OF INCOME TAX

.....Appellant Through: Mr. Gaurav Gupta, SSC, Mr. Shivendra Singh, JSC and Mr. Yojit Pareek, JSC

versus

JRM PROPERTIES PVT. LTD

.....Respondent

Through:

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

17.12.2024 1. The Revenue has filed the present appeal impugning the order dated 19.09.2008 passed by the learned Income Tax Appellate Tribunal in ITA No.2253 /Del/2005 for the assessment year 2003-04. 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, ACJ

TUSHAR RAO GEDELA, J DECEMBER 17, 2024 Aj

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 24/12/2024 at 11:54:06

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