PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-2 vs. SH. VINEET GUPTA

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ITA/54/2018HC DelhiDLHC01431757201716 November 2018Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal accepted the statement made by the Revenue's counsel. It was held that the present appeal would be disposed of without examining the question/issue raised, and that the said question/issue would be left open. The Tribunal granted liberty to the Revenue to file an application for revival of the appeal in case it is found that the matter is covered by an exception to the circular. The operative direction was to dispose of the appeal as per the Revenue's submission, leaving the substantive issue undecided.

What were the facts?

This matter pertains to Income Tax Appeals filed by the Principal Commissioner of Income Tax, Delhi-2 (Revenue) against Sh. Vineet Gupta (Assessee). The appeals challenge orders passed by the Income Tax Appellate Tribunal (ITAT). The specific assessment years are not explicitly stated in the provided text. The procedural history indicates that the appeals were listed for hearing. The Revenue, through its counsel, made a statement regarding the tax effect in the present appeals.

What were the issues?

The Tribunal was not required to decide any substantive issue on merits. The primary procedural matter before the Tribunal was the Revenue's request to dispose of the appeal based on the tax effect. The Revenue argued that the tax effect in the present appeal is below Rs.50 lakhs. In terms of Circular No.3 of 2018 dated 11th July, 2018, the Revenue contended that the appeal may be disposed of without answering or examining the question/issue raised, and that the issue/question should be left open. The Assessee's arguments are not recorded in the provided text.

AI-generated summary — verify with the full judgment below

6 $-22-24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 51/2018 & CM APPL. 1836-1837/2018 + ITA 53/2018 & CM APPL. 1841-1842/2018 + ITA 54/2018 & CM APPL. 1852-1853/2018 PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-2 Appellant Through: Mr. Zoheb Hossain, Sr. St. Counsel with Mr.Deepak Anand, Adv. versus SH. VINEET GUPTA Respondent Through: Mr.Aditya Jain with Mr.Piyush, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI ORDER % 16.1L2018 Counsel for the Revenue states that the tax effect in the present appeal is below Rs.50 lakhs and hence, in terms of Circular No.3 of 2018 dated 11"" July, 2018, the appeal may be disposed of without answering or examining the question/issue raised. It may be clarified that the issue/question is left open. Taking the statement on record, we dispose of the present appeal without examining the question/issue raised, which is left open. Liberty is granted to the Revenue to file an application for revival of the appeal in case it is found that the matter is covered by an exception. 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

The date fixed earher i.e. 27^^^ November, 2018 stands cancelled. NOVEMBER 16, 2018/^; -i SANJIV KHANNA, J. Nv' ANUP JAIrWBHAMBHANI, J. 6

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