PR. COMMISSIONER OF INCOME TAX-3, DELHI vs. FASHIONAGE CORPORATION PVT. LTD.

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ITA/726/2018HC DelhiDLHC01112189201801 October 2018Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the submission of the Revenue regarding the tax effect being below Rs. 50,00,000/- and the applicability of Circular No. 3/2018. Consequently, the Court disposed of the appeal without examining or answering the issue/question raised. The Court clarified that the issue/question remains open and granted liberty to the Revenue to file an application for revival of the appeal if it is found that the case falls under an exception to the circular. The operative direction was to dispose of the appeal as withdrawn based on the Revenue's submission and to cancel the future hearing date.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax-3, Delhi (Revenue) against Fashionage Corporation Pvt. Ltd. (Assessee). The assessment year(s) are not specified. The appeal challenges an order passed by an authority below, the details of which are not provided. The procedural history is limited to the filing of the present appeal before the High Court. The Revenue, through its learned Senior Standing Counsel, stated that the tax effect involved in the appeal is below Rs. 50,00,000/-.

What were the issues?

The Tribunal did not have to decide any issues as the appeal was disposed of on a procedural ground. The only matter brought before the court was the Revenue's submission regarding the tax effect. The Revenue argued that in terms of Circular No. 3/2018 dated 11.07.2018, the appeal may be disposed of without answering the issue/question raised due to the low tax effect. No arguments were recorded for the Assessee.

AI-generated summary — verify with the full judgment below

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 726/2018

PR. COMMISSIONER OF INCOME TAX-3, DELHI ..... Appellant

Through : Mr.Asheesh Jain, Sr.Standing Counsel with

Mr.Shahrukh Ejar, Advocate.

versus

FASHIONAGE CORPORATION PVT. LTD. ..... Respondent

Through : None. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R %

01.10.2018 Learned Senior Standing counsel for the appellant/Revenue states that the tax effect involved in this appeal is below Rs.50,00,000/- and hence in terms of circular No.3/2018 dated 11.7.2018 the appeal may be disposed of, without answering the issue/question raised. Recording the aforesaid, the appeal is disposed of, without examining the issue/question raised. We clarify that the issue/question is left open. We also grant liberty to the Revenue to file an application for revival of the present appeal, if it is found that the case is covered by an exception. In view of the order passed above, the date of hearing fixed in the matter i.e.10.12.2018 will be treated as cancelled.

SANJIV KHANNA, J.

CHANDER SHEKHAR, J. OCTOBER 01, 2018/sa

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