COMMISSIONER OF INCOME TAX -1 vs. AGYA CROWNS & TOPS (P) LTD

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ITA/625/2015HC Delhi04 September 20153 pages
AI SummaryDismissed

What did the High Court hold?

The High Court declined to frame substantial questions of law due to the low tax effect of the appeals. Consequently, the appeals filed by the Revenue were dismissed.

What were the facts?

The Revenue appealed ITAT's order deleting penalties imposed on the Assessee under Section 271(1)(c). The penalties arose from an inadmissible claim under Section 115JB and filing returns showing nil income.

What were the issues?

Whether substantial questions of law arise in penalty appeals where the tax effect is below the prescribed threshold.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 115JB,Section 260A

AI-generated summary — verify with the full judgment below

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 2&3 +

ITA 625/2015

COMMISSIONER OF INCOME TAX -1

..... Appellant

Through: Mr. Kamal Sawhney, Senior Standing

counsel, Mr. Raghvendra Singh, Junior Standing

counsel.

versus

AGYA CROWNS & TOPS (P) LTD.

..... Respondent

And

ITA 626/2015

COMMISSIONER OFINCOME TAX-L

..... Appellant

Through: Mr. Kamal Sawhney, Senior Standing

counsel, Mr. Raghvendra Singh, Junior Standing

counsel.

versus

AGYA CROWNS & TOPS (P) LTD.

..... Respondent

CORAM: HON'BLE DR. JUSTICE S.MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R %

04.09.2015 CM APPL No. 16106 of 2015 (exemption) in ITA No. 626 of 2015 1. Allowed, subject to all just exceptions.

2.

The application is disposed of.

ITA No. 625 of 2015 and ITA No. 626 of 2015

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CM APPL No. 16103 of 2015 (delay) in ITA No. 625 of 2015 CM APPL No. 16107 of 2015 (delay) in ITA No. 626 of 2015

3.

For the reasons stated in the applications, the delay in re-filing the appeals is condoned.

4.

The applications are allowed. ITA No. 625 of 2015 and ITA No. 626 of 2015

5.

These appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (‘Act’) are directed against the common order dated 8th August 2014 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA Nos. 6104-6105/Del/2012 for the Assessment Years (‘AYs’) 2007-08 and 2008- 09.

6.

These are penalty appeals against the deletion by the ITAT of the penalties imposed against the Respondent Assessee under Section 271(1) (c) of the Act arising from the purported inadmissible claim made by the Respondent Assessee under Section 115 JB of the Act and filing returns showing nil income for the AYs in question.

7.

The tax effect as far as AY 2007-08 is concerned is Rs.4,00,000 and for ITA No. 625 of 2015 and ITA No. 626 of 2015

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AY 2008-09 it is Rs. 6,30,000. Consequently, this Court declines to frame any substantial question of law in these cases.

8.

The appeals are dismissed.

S.MURALIDHAR, J

VIBHU BAKHRU, J SEPTEMBER 04, 2015 mg

ITA No. 625 of 2015 and ITA No. 626 of 2015

Page 3 of 3 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 04/04/2026 at 21:55:37

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