PR. COMMISSIONER OF INCOME TAX 4 NEW DELHI vs. MAHARISHI AYURVEDA PRODUCTS PVT LTD
What did the High Court hold?
The High Court noted that the tax effect was below the threshold for appeals, and while the Revenue argued an exception applied, it ultimately closed the appeal, implying it was not maintainable on grounds of low tax effect.
What were the facts?
The ITAT allowed the assessee's appeal against a PCIT order passed under Section 263. The PCIT had held the assessment order erroneous and prejudicial to revenue interest. The Revenue appealed this ITAT order to the High Court.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the tax effect is below the prescribed limit, and if an exception under departmental circulars applies to orders passed under Section 263.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 429/2025 CM APPL. 58668/2025 CM APPL. 58669/2025 PR. COMMISSIONER OF INCOME TAX 4 NEW DELHI .....Appellant Through: Mr. Shlok Chandra, Sr. Std. Counsel with Ms. Naincy Jain, Ms. Madhavi Shukla, Jr. SCs. versus MAHARISHI AYURVEDA PRODUCTS PVT LTD .....Respondent Through: Mr. Ved Jain and Mr. Nischay Kantoor, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR O R D E R %
04.12.2025 1. The challenge in this appeal under Section 260A of the Income Tax Act, 1961 (the Act) is to the order dated 04.08.2023 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 1054/Del/2022 relatable to the Assessment Year 2017-18. 2. The Tribunal vide the impugned order dated 04.08.2023 has allowed the appeal filed by the respondent/Assessee challenging the order passed by the PCIT under Section 263 of the Act. The relevant paragraph 8 of the order of ITAT is as under : “8. In view of above, we reached to a logical conclusion that it is a clear case of adequate and sufficient enqujry by the AO on the above noted first and second issues. Therefore, the ld PCIT was not right and justified in invoking revisionary provisions of section 263 of the Act and in holding that the assessment order is erroneous and prejudicial to the interest of revenue. Therefore, impugned order u/s 263 of the Act is set aside. Accordingly, grounds of assessee are allowed.” 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 12/12/2025 at 13:11:59
It is the submission of the learned counsel for the respondent that pursuant to the order passed by the PCIT under Section 263 of the Act, the Assessing Officer has passed an Assessment Order wherein in paragraph 9 of the Assessment Order, the Assessing Officer has stated as under : “9. Assessed u/s. 143(3) rws 263 of the I.T. Act, 1961 at (- )Rs.79,35,0601. The assessment of income is done as per computation sheet and the sum payable is determined as per the demand notice. Penalty proceedings u/s. 271AAC(1) are separately initiated for addition u/s. 115BBE of the I.T. Act. Penalty u/s. 270A is separately initiated for under reporting of income.” 4. According to him, as the tax effect has been shown as Rs.1,30,66,999/-, which is less than Rs.2 crores, the present appeal should be dismissed as not maintainable, because of low tax effect. 5. Keeping in view of the circular 5 of 2024 read with circular no. 9 of 2024, the submission of Mr. Shlok Chandra SSC is that the present appeal is maintainable as the same falls within the exception clause carved out in the circular no. 5 of 2024. More specifically 3.1(f), which reads as under : “3.1. f. Where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under sections 10(23C), 12/A/12AA/12AB of the Act, order passed u/s 263 of the Act etc. The reference to cases involving sections referred here, where it is not possible to quantify tax effect or tax effect is not involved, is for the purpose of illustration only.” 6. It is his submission that a reading of the clause would reveal that in certain cases where the tax effect cannot be quantified, like under Sections 10(23C), 12/A/12AA/12AB or an order passed u/s 263 of the Act, the appeal 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 12/12/2025 at 13:11:59
shall be maintainable. 7. At this stage, learned counsel for the respondent has relied upon the judgment of the Allahabad High Court in the case of Principal Commissioner of Income-tax v. Bhupendra Sharma (HUF), IT Appeal No. 61 of 2024, decided on August 7, 2024 to contend that in similar facts wherein an order was passed under Section 263 of the Act remanding the matter to the Assessing Officer with a direction to pass a fresh Assessment Order after making certain inquiries and the Assessing Officer had quantified the return income as Rs.32,61,751/-, the Allahabad High Court by noting the clause 3.1(f) of the circular of 5 of 2024 has dismissed the appeal filed by the Revenue as not maintainable. 8. Having seen the judgment passed by the Allahabad High Court and also the fact that after the order under Section 263 of the Act was passed by the PCIT in the case in hand, the Assessing Officer having passed the Assessment Order of which reference has been made in the aforesaid paragraph, we are of the view that keeping the question of law as raised by Mr. Chandra before us and in view that the net tax effect depicted by the appellant in the appeal paper book as Rs.1,30,66,999/- which is less than Rs.2 Crores, open, the appeal be closed. 9. We order accordingly. V. KAMESWAR RAO, J VINOD KUMAR, J DECEMBER 04, 2025 dd 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 12/12/2025 at 13:11:59
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026