COMMISSIONER OF INCOME TAX-IV vs. M/S DALMIA FINANCE

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ITA/838/2010HC DelhiDLHC01150650200901 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 noted the submission by the learned Senior Standing counsel for the Revenue that the tax effect involved in the appeal is below Rs. 50,00,000/-. In terms of Circular No. 3/2018 dated 11.7.2018, the Court stated that the appeal may be disposed of without answering the issue/question raised. The Court recorded that the appeal is disposed of without examining the issue/question raised. It was clarified that the issue/question is left open. Liberty was granted 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.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax-IV (Revenue) against M/s Dalmia Finance (Assessee). The appeal challenges an order from the Income Tax Appellate Tribunal (ITAT). The assessment year(s) are not specified. The Revenue states that the tax effect involved in this appeal is below Rs. 50,00,000/-. The appeal is before the High Court of Delhi.

What were the issues?

1. Whether the appeal should be disposed of without answering the issue/question raised, in light of the tax effect being below Rs. 50,00,000/- as per Circular No. 3/2018 dated 11.7.2018. The Revenue contended that the tax effect is below the threshold specified in Circular No. 3/2018, and therefore, the appeal may be disposed of without delving into the merits of the issue. No arguments were recorded for the Assessee.

AI-generated summary — verify with the full judgment below

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 838/2010

COMMISSIONER OF INCOME TAX-IV ..... Appellant

Through : Mr.Zoheb Hossain, Sr.Standing counsel for

the Revenue.

versus

M/S DALMIA FINANCE

..... 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.

SANJIV KHANNA, J.

CHANDER SHEKHAR, J. OCTOBER 01, 2018/sa

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