PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-12 vs. SALONI NARANG
What did the High Court hold?
The Delhi High Court held that it was not inclined to entertain the present appeal filed under Section 260A of the Income Tax Act, 1961, because the tax effect was less than Rs. 2 crores, in accordance with Circular No. 09/2024. The reasoning was based on the policy outlined in the circular, which guides the High Court's discretion in entertaining appeals. Following this observation, the learned counsel for the Appellant sought permission to withdraw the appeal. The Court accordingly disposed of the appeal as withdrawn. No decision was made on the merits of the original ITAT order.
What were the facts?
The Principal Commissioner of Income Tax, Delhi-12 (Appellant) filed an appeal under Section 260A of the Income Tax Act, 1961, before the Delhi High Court. The appeal challenged an order dated 27.10.2025, passed by the Income Tax Appellate Tribunal, Delhi Branch. The Appellant sought condonation of a delay of 184 days in re-filing the appeal, which was allowed. However, the Court noted that the tax effect in the appeal was less than Rs. 2 crores. Consequently, in view of Circular No. 09/2024, the Court was not inclined to entertain the appeal. The learned counsel for the Appellant then sought permission to withdraw the appeal.
What were the issues?
1. Whether the Delhi High Court should entertain the present appeal filed under Section 260A of the Income Tax Act, 1961, given that the tax effect is less than Rs. 2 crores, in light of Circular No. 09/2024? Assessee's Contention: The assessee (Respondent) did not explicitly argue any points as the appeal was withdrawn by the appellant. However, the Court's decision was based on its own inclination not to entertain appeals with a tax effect below Rs. 2 crores, as per the circular. Revenue's Contention: The Appellant (Principal Commissioner of Income Tax) sought to withdraw the appeal after the Court indicated its reluctance to entertain the matter due to the low tax effect, citing Circular No. 09/2024.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2026 CM APPL. 66906/2026 (Exemption) Allowed, subject to all just exceptions. CM APPL. 66905/2026
This Application has been filed on behalf of the Appellant seeking condonation of delay of 184 days in re-filing the present Appeal.
For the reasons stated in the Application, the same is allowed. The delay of 184 days in re-filing the Appeal stands condoned.
The Application is disposed of. 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 05/10/2026 at 10:42:27
ITA 779/2026
The present Appeal under Section 260A of the Income Tax Act, 1961 has been filed by the Appellant challenging the Order dated 27.10.2025, passed by the Income Tax Appellate Tribunal, Delhi Branch.
Since the tax effect in the present Appeal is less than Rs. 2 crores, in view of the Circular No.09/2024, this Court is not inclined to entertain the present Appeal.
In view of the above, learned Counsel for the Appellant seeks permission to withdraw the Appeal.
Accordingly, the Appeal is disposed of as withdrawn. Pending applications, if any, also stand disposed of. SUBRAMONIUM PRASAD, J RENU BHATNAGAR, J SEPTEMBER 28, 2026 hsk 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 05/10/2026 at 10:42:27
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