COMMR. OF INCOME TAX, CHD.-II vs. M/S AGK COMPUTER SECURE PRINTS LTD. MOHA
What did the High Court hold?
The High Court held that the appeal has become infructuous. The reasoning provided is that the tax demand in dispute is Rs.1,42,290/-, which is less than Rupees One Crore. This fact, in conjunction with Circular No. 5 of 2024 dated 15.03.2024, renders the appeal infructuous. The ratio decidendi is that appeals with a tax effect below a certain threshold, as defined by relevant circulars, are to be considered infructuous and dismissed. The operative direction was to dismiss the appeal as having been rendered infructuous. No issues were expressly left undecided.
What were the facts?
The appeal was filed by the Commissioner of Income Tax (Revenue) against an order concerning M/s A.G.K. Computer Secure Prints Ltd. (Assessee) for assessment year(s) not specified. The appeal challenges a decision of an authority below the High Court. The tax demand in dispute is Rs.1,42,290/-. The High Court noted that the tax effect of the present appeal is less than Rupees One Crore. Consequently, the appeal has been rendered infructuous.
What were the issues?
1. Whether the present appeal has become infructuous in light of Circular No. 5 of 2024 dated 15.03.2024? (Question of law) Assessee's Contention: Not recorded. Revenue's Contention: The Revenue, through its learned counsel, stated that the tax demand is Rs.1,42,290/- and, in view of Circular No. 5 of 2024 dated 15.03.2024, the present appeal has rendered infructuous as the tax effect is less than Rupees One Crore.
AI-generated summary — verify with the full judgment below
ITA-511-2006(O 207
IN TH
COMMISSIO M/S A.G.K. C CORAM: H
H Present: M SANJEEV P
L demand is of 15.03.2024, th less than Rup 2.
A rendered infru
August 07, 202 Rashmi 1. Whethe 2. Whethe O&M) Page 1 of 1 HE HIGH COURT OF PUNJA CHANDIGAR ONER OF INCOME TAX CHAN Vs.
COMPUTER SECURE PRINTS **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN **** Mr. Vaibhav Gupta, Advocate fo **** RAKASH SHARMA, J.(Oral) Learned counsel for the appell f Rs.1,42,290/- and in view o he present appeal has rendered ees one Crore. Accordingly, the present appea uctuous.
(SANJ 24 r speaking/reasoned?
Y r reportable?
Y AB AND HARYANA AT RH ITA-511-2006 (O&M) Date of Decision: 07.08.2024 NDIGARH-II . . . . Appellant S LTD, MOHALI . . . . Respondent NJEEV PRAKASH SHARMA NJAY VASHISTH or the appellant. ) lant/revenue states that the tax of circular No.5 of 2024 dated infructuous as the tax effect is al is dismissed as having been JEEV PRAKASH SHARMA) JUDGE
(SANJAY VASHISTH) JUDGE Yes/No Yes/No
) 4 t t x d s n RASHMI 2024.08.08 16:31 I attest to the accuracy and integrity of this document
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