COMMISSIONER OF INCOME TAX DELHI vs. S.M.PROPERTIES P.LTD.

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ITA/568/2008HC DelhiDLHC01053739200803 December 2024Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE DR. JUSTICE SWARANA KANTA SHARMA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Delhi dismissed the appeal filed by the Revenue. The primary reason for dismissal was the low tax effect involved. The Court noted that the tax effect was below the monetary threshold of ₹2,00,00,000/- prescribed by the Circular dated September 17, 2024, and did not fall under any of the exceptions outlined in the circular. Therefore, the appeal was not pressed on merits and was disposed of solely on the ground of low tax effect. No decision was made on the substantive issues that might have been raised in the appeal.

What were the facts?

The Revenue, represented by the Commissioner of Income Tax, filed an appeal before the High Court of Delhi. The appeal challenged an order dated October 10, 2007, passed by the Income Tax Appellate Tribunal (ITAT) in IT (SS) A. No.365/Del/2005. This order pertained to the block period from 1990 to 2001. The respondent in the appeal was S.M. Properties P. Ltd. The appeal was heard by a division bench of the High Court.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect involved. The Revenue, through its counsel, contended that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated September 17, 2024. They further stated that the appeal is not covered by any exceptions mentioned in the said circular. The respondent's counsel was present but no specific arguments were recorded in the judgment for the respondent.

AI-generated summary — verify with the full judgment below

$~Regular – 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 568/2008

COMMISSIONER OF INCOME TAX DELHI .....Appellant Through: Mr. S. Agarwal, Mr. S.B. Pandya, Mr. Viplav Acharya & Mr. Utkarsh Tiwari, Advs. Versus

S.M.PROPERTIES P.LTD.

.....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 10.10.2007 passed by the learned Income Tax Appellate Tribunal in IT (SS) A. No.365/Del/2005 for the bock period 1990 to 2001. 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 12:58:39

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