PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. KARINA AIRLINES INTERNATIONAL LIMITED

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ITA/515/2024HC DelhiDLHC01085028202309 October 2024Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE DR. JUSTICE SWARANA KANTA SHARMA2 pages
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court considered the submission made by the Revenue's counsel regarding the tax effect. The Court noted 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. Consequently, the Court held that the appeal is dismissed on account of low tax effect. The reasoning is based on the administrative instructions contained in the circular, which set monetary limits for filing appeals. The ratio decidendi is that appeals with a tax effect below the prescribed monetary limits are not to be pursued. The operative direction was the dismissal of the appeal.

What were the facts?

The Revenue, identified as the Pr. Commissioner of Income Tax -Central -1, filed an appeal before the Delhi High Court against an order dated 11.05.2023 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.714/Del/2021. The appeal pertains to the assessment year 2011-12. The assessee is Karina Airlines International Limited. The Revenue sought condonation of delay in filing and re-filing the appeal, which was granted. Subsequently, the Revenue's counsel stated that the tax effect in the appeal was below the threshold limit of ₹2,00,00,000/- as per a Circular dated 17.09.2024.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect involved. The Revenue argued that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. Based on this, the Revenue submitted that the appeal should be dismissed. No arguments were recorded for the assessee.

AI-generated summary — verify with the full judgment below

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 515/2024 PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 .....Appellant Through: Mr Ruchir Bhatia, SSC, Mr Anant Mann, JSC Mr Pranjal Singh and Mr Abhishek Anand, Advocate. versus KARINA AIRLINES INTERNATIONAL LIMITED .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R % 09.10.2024 CM APPL. 59695/2024(delay condonation of 11 days in filing); & CM APPL. 59696/2024 (delay condonation of 314 days in re-filing) 1. For the reasons stated in the applications, the delay in filing and re- filing of the above captioned appeal stands condoned. 2. The applications are disposed of. ITA 515/2024 3. The Revenue has filed the present appeal impugning the order dated 11.05.2023 passed by the learned Income Tax Appellate Tribunal (ITAT) in ITA No.714/Del/2021 for the assessment year 2011-12. 4. 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 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 15/10/2024 at 12:03:37

of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. 5. Accordingly, the present appeal is dismissed on account of low tax effect. VIBHU BAKHRU, J SWARANA KANTA SHARMA, J OCTOBER 09, 2024 M 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 15/10/2024 at 12:03:37

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