THE COMMISSIONER OF INCOME TAX vs. SIEL LIMITED, NEW DELHI
What did the High Court hold?
The Delhi High Court held 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. Consequently, the Court dismissed the appeal on account of low tax effect. The reasoning is based solely on the Revenue's submission regarding the monetary limit for appeals. No other issues were decided on merits, and the ITAT's order was not examined.
What were the facts?
The Revenue, represented by the Commissioner of Income Tax, filed an appeal before the Delhi High Court challenging an order dated 23.11.2007 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 262/Del/1999. This order pertained to the assessment year 1995-96 and was against the assessee, Siel Limited, New Delhi. The appeal was filed by the Revenue against the ITAT's decision. The procedural history leading to this appeal involves the ITAT's order which is now under challenge by the Revenue.
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 and is not covered by any exceptions. The Revenue's contention is that due to this low tax effect, the appeal should be dismissed. The judgment does not record any arguments from the respondent (assessee) on this specific issue.
AI-generated summary — verify with the full judgment below
$~Regular -12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 530/2008
THE COMMISSIONER OF INCOME TAX .....Appellant Through: Mr. Gaurav Gupta, Mr. Shivendra Singh & Mr. Yojit Pareek, Advs. Versus
SIEL LIMITED, NEW DELHI
.....Respondent
Through: Counsel for the respondent.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R %
03.12.2024 1. The Revenue has filed the present appeal impugning the order dated 23.11.2007 passed by the learned Income Tax Appellate Tribunal in ITA No.262/Del/1999 for the assessment year 1995-96. 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 DECEMBER 03, 2024 ‘gsr’
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 09/12/2024 at 12:58:33
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