COMMISSIONER OF INCOME TAX DELHI VIII vs. MONISHA GUPTA

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ITA/971/2008HC DelhiDLHC01093557200806 December 2024Bench: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA,HON'BLE THE ACTING CHIEF JUSTICE1 pages
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court held that the present appeal filed by the Revenue is dismissed on account of low tax effect. The Revenue's counsel explicitly stated that the tax effect involved in the appeal falls below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024 and does not fall under any of the exceptions. Therefore, following the circular, the Court found no reason to proceed with the appeal on merits. The operative direction is the dismissal of the appeal.

What were the facts?

The Revenue, represented by the Commissioner of Income Tax Delhi VIII, filed an appeal before the Delhi High Court challenging an order dated 26.10.2007 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.277/Del/2004. This order pertained to the block assessment period from 01.04.1990 to 21.11.2000. The assessee in this case is Smt. Monisha Gupta. The appeal was filed by the Revenue against the ITAT's decision.

What were the issues?

1. Whether the present appeal filed by the Revenue is maintainable given the tax effect involved. The Revenue's counsel stated 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 mentioned in the circular. The Revenue's contention is that the appeal should be dismissed on this ground. The judgment does not record any counter-argument from the assessee regarding the maintainability of the appeal on the grounds of tax effect.

AI-generated summary — verify with the full judgment below

$~Regular -35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 971/2008

COMMISSIONER OF INCOME TAX DELHI VIII.....Appellant Through: Mr. Puneet Rai, Adv. Versus

SMT. MONISHA GUPTA

.....Respondent Through: Dr. Rakesh Gupta, Mr. Somil Agarwal & Mr. Dushyant Agarwal, Advs.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

06.12.2024 1. The Revenue has filed the present appeal impugning the order dated 26.10.2007 passed by the learned Income Tax Appellate Tribunal in ITA No.277/Del/2004 for the block assessment period 01.04.1990 to 21.11.2000. 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.

ACTING CHIEF JUSTICE

TUSHAR RAO GEDELA, J DECEMBER 06, 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 12/12/2024 at 11:55:58

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