COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)- 2, DELHI vs. M/S MICHELIN GLOBAL MOBILITY S.A.

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ITA/284/2024HC DelhiDLHC01076123202326 September 2024Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE DR. JUSTICE SWARANA KANTA SHARMA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal filed by the Revenue. This was based on the circular dated 17.09.2024, which stipulates a threshold limit for tax effect.

What were the facts?

The Revenue filed an appeal against an ITAT order for Assessment Years 2015-16 and 2016-17. The appeal was filed after a delay, which was condoned.

What were the issues?

The primary issue was whether the appeal should be entertained given the tax effect was below the threshold limit specified in the relevant circular.

AI-generated summary — verify with the full judgment below

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 284/2024 COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)- 2, DELHI

.....Appellant

Through: Mr. Vipul Agrawal, Senior Standing Counsel with Mr. Gibran Naushad, Junior Standing Counsel & Ms. Sakashi Shairwal, Junion Standing Counsel.

versus

M/S MICHELIN GLOBAL MOBILITY S.A. .....Respondent Through: Ms. Ananya Kapoor for Mr. Salil Kapoor & Mr. Sumit Lal, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R %

26.09.2024 CM APPL. 28960/2024 (condonation of delay in re-filing the present income tax appeal) 1. For the reasons as stated in the application, the same is allowed. The delay in re-filing the income tax appeal is condoned. 2. The application is disposed of accordingly. ITA 284/2024 3. The Revenue has filed the present appeal, impugning the order dated 15.12.2022, passed by the learned Income Tax Appellate Tribunal, in ITA 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 04/10/2024 at 11:48:58

No. 1962/DEL/2020, for the Assessment Year 2015-16. The impugned order is a common order passed in two appeals preferred by the Revenue, for the Assessment Years 2015-16 and 2016-17. 4. It has been pointed out that the tax effect in the present appeal is below the threshold limit of ₹2 crores, as stipulated in the circular dated 17.09.2024. The learned counsels also do not dispute that the subject matter does not fall in any of the exceptions, as provided in the said circular. 5. Accordingly, the present appeal is dismissed, on account of low tax effect.

VIBHU BAKHRU, J

SWARANA KANTA SHARMA, J SEPTEMBER 26, 2024 at

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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 04/10/2024 at 11:48:58

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