COMMISSIONER OF INCOME TAX vs. ADI BPO SERVICES LTD.
What did the High Court hold?
The Delhi High Court held that the appeals were not liable to be continued due to the low tax effect. The court referred to Circular No. 9/2024 dated 17 September 2024.
What were the facts?
The appeals filed by the Revenue involved tax effects falling below INR 2 crores. The Revenue sought to continue these appeals despite the low tax effect.
What were the issues?
Whether appeals with a tax effect below INR 2 crores should be continued in light of the CBDT's circular on low tax effect.
Which sections of the Income-tax Act were involved?
Circular No. 9/2024
AI-generated summary — verify with the full judgment below
$~59 & 61 to 68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 338/2018 PR. COMMISSIONER OF INCOME TAX (CENTRAL)-3, NEW DELHI
.....Appellant Through: Mr. Abhishek Maratha, SSC with Mr. Apoorv Agarwal and Mr. Parth Semwal, JSCs with Ms. Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh, Ms. Muskaan Goel, Mr. Himanshu Gaur and Mr. Kamakshraj Singh, Advs.
versus
RAJIV KUMAR
.....Respondent Through: Mr. Somil Agarwal and Mr. Dushyant Agarwal, Advs.
61 + ITA 383/2018
COMMISSIONER OF INCOME TAX-(EXEMPTIONS) .....Appellant Through: Mr. Siddhartha Sinha, SSC with Ms. Anuja Pethia, JSC with Ms. Anu Priya Nisha Minz and Mr. Srikant Singh, Advs.
versus
APARNA ASHRAM
.....Respondent
Through: None. 62 + ITA 384/2018
COMMISSIONER OF INCOME TAX-(EXEMPTIONS) .....Appellant Through: Mr. Siddhartha Sinha, SSC with Ms. Anuja Pethia, JSC with Ms. 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 17/12/2024 at 11:40:13
Anu Priya Nisha Minz and Mr. Srikant Singh, Advs.
versus
APARNA ASHRAM
.....Respondent
Through: None.
63 + ITA 385/2018
COMMISSIONER OF INCOME TAX-(EXEMPTIONS) .....Appellant Through: Mr. Siddhartha Sinha, SSC with Ms. Anuja Pethia, JSC with Ms. Anu Priya Nisha Minz and Mr. Srikant Singh, Advs.
versus
APARNA ASHRAM
.....Respondent
Through: None.
64 + ITA 386/2018
COMMISSIONER OF INCOME TAX-(EXEMPTIONS) .....Appellant Through: Mr. Siddhartha Sinha, SSC with Ms. Anuja Pethia, JSC with Ms. Anu Priya Nisha Minz and Mr. Srikant Singh, Advs.
versus
APARNA ASHRAM
.....Respondent
Through: None. 65 + ITA 390/2018
COMMISSIONER OF INCOME TAX-(EXEMPTIONS) .....Appellant 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 17/12/2024 at 11:40:13
Through: Mr. Siddhartha Sinha, SSC with Ms. Anuja Pethia, JSC with Ms. Anu Priya Nisha Minz and Mr. Srikant Singh, Advs.
versus
APARNA ASHRAM
.....Respondent
Through: None. 66 + ITA 408/2018
COMMISSIONER OF INCOME TAX-(EXEMPTIONS) .....Appellant Through: Mr. Siddhartha Sinha, SSC with Ms. Anuja Pethia, JSC with Ms. Anu Priya Nisha Minz and Mr. Srikant Singh, Advs.
versus
APARNA ASHRAM
.....Respondent
Through: None. 67 + ITA 434/2018
PR. COMMISSIONER OF INCOME TAX-6 .....Appellant Through: Mr. Puneet Rai, SSC with Mr. Ashvini Kumar and Mr. Rishabh Nangia, JSCs
versus
MAYAR INDIA LTD
.....Respondent
Through: None. 68 + ITA 478/2018
COMMISSIONER OF INCOME TAX
.....Appellant
Through: Mr. Sanjay Kumar, SSC.
versus
ADI BPO SERVICES LTD.
.....Respondent 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 17/12/2024 at 11:40:13
Through: Mr. Somil Agarwal and Mr. Dushyant Agarwal, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R %
13.12.2024
Undisputedly, the tax effect which forms subject matter of these appeals falls below INR 2 crores and they would thus not be liable to be continued in light of the provisions made in Circular No. 9/2024 dated 17 September 2024. These appeals are consequently dismissed on the ground of low tax effect.
YASHWANT VARMA, J.
DHARMESH SHARMA, J. DECEMBER 13, 2024/RW
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 17/12/2024 at 11:40:13
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