PRINCIPAL COMMISSIONER OF INCOME TAX -6 vs. NTPC SAIL POWER CO. LTD.

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ITA/172/2022HC DelhiDLHC01000060201930 May 2022Author: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA2 pages
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court dismissed the appeal as not pressed. The Court took into consideration the admission by the learned counsel for the appellant (Revenue) that the tax effect in the present appeal was lower than the threshold limit of Rs. 1,00,00,000/- as stipulated in Circular 17/2019 issued by the Central Board of Direct Taxes. Consequently, the appeal was disposed of on this ground without delving into the merits of the ITAT's order. No specific issue from the ITAT's order was decided by the High Court.

What were the facts?

The Principal Commissioner of Income Tax - 6 (Revenue) filed an appeal before the Delhi High Court challenging an order dated 29th November, 2018, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 4733/Del./2015 for Assessment Year 2012-13. The assessee is NTPC SAIL POWER CO. LTD. The Revenue sought to condone a delay in re-filing the appeal. During the proceedings, the Revenue's counsel admitted that the tax effect in the present appeal was below the threshold limit of Rs. 1,00,00,000/- as per CBDT Circular 17/2019.

What were the issues?

1. Whether the appeal filed by the Revenue should be dismissed on account of low tax effect, as stipulated by CBDT Circular 17/2019? The Revenue argued that the tax effect was below the prescribed threshold, leading to the appeal being not pressed. The assessee did not present any arguments as none were recorded in the judgment.

AI-generated summary — verify with the full judgment below

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 172/2022 PRINCIPAL COMMISSIONER OF INCOME TAX -6 ..... Appellant Through: Mr.Ruchir Bhatia, standing counsel for the Revenue. versus NTPC SAIL POWER CO. LTD. ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 30.05.2022 C.M.No.25859/2022 Keeping in view the averments in the application, the delay in re- filing the appeal is condoned. Accordingly, the application stands disposed of. ITA No.172/2022 Present Income Tax Appeal has been filed challenging the Order dated 29th November, 2018 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA No. 4733/Del./2015 for Assessment Year 2012-13. Learned counsel for appellant admits that the tax effect in the present appeal is lower than the threshold limit of Rs.1,00,00,000/- as stipulated in Circular 17/2019 dated 8th August, 2019 issued by the Central Board of Direct Taxes.

Keeping in view the aforesaid, present appeal is dismissed as not pressed on account of low tax effect. MANMOHAN, J MANMEET PRITAM SINGH ARORA, J MAY 30, 2022 KA

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