Ita/1095/2008 Of Commissioner Of Income Tax Delhi Viii v. Sudhir Gupta
High Court
03 Jan 2017 In favour of: Assessee
Forum / Bench
High Court · dhcdb
Parties
Ita/1095/2008 Of Commissioner Of Income Tax Delhi Viii v. Sudhir Gupta
Date of order
03 Jan 2017
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Ita/1095/2008 Of Commissioner Of Income Tax Delhi Viii v. Sudhir Gupta, the High Court (2017) dismissed the appeal. The decision went in favour of the assessee.
Decision: The appeals are dismissed,but in the above terms._ S.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
' $~13to 18, 20, 23, 24, 26, 28, 3.0, 31, 32 & 53,
This Court had .framed a question of law for consideration in theseappeals.Given its pendency vide Circular No. 21/2015 dated 10.12.2015,. the Central Board of Direct Taxes (CBDT) spelt out the monetary limitsbeyond which appeals could be preferred before the Income Tax AppellateTribunal (ITAT), High- Courts and SLP before theSupreme Courtrespectively. Clause 10 of the Circular reads as below:-
"10.This instructionwill applyretrospectivelytopending appeals and appeals to befiled henceforth in HighCourts/Tribunals. Pending appeals below the specified taxlimits in para 3 above may be withdrawn/not pressed.Appeals before the Supreme Court will he governed by theinstructions on this subject, operative at the time when suchappeal was filed. ".Courts/Tribunals. Pending appeals below the specified taxlimits in para 3 above may be withdrawn/not pressed.Appeals before the Supreme Court will he governed by theinstructions on this subject, operative at the time when suchappeal was filed. ".
Signature Not Verified
Digitally SignedBy:AMULYA
This Court notices that the tax effect i.e. upon the assessed income, isfbelow the prescribed limit of ^20,00,000/-; The present appeals cannot be,therefore,prosecutedand are no longermaintainable.It is, however,clarified that in the event, the Assessment Officer discerns any exception interms'of the ,said Circular, it is open to the Revenue to seek restoration of the.concerned appeals by an appropriate application. The appeals are dismissed,but in the above terms._
S. RAVINDRA BHAT, J.
NAJMIWAZIRI,J.JANUARY 03, 2017sb,^
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