The Pr. Commissioner Of Income Tax -Central -1 v. Vikram Dhirani

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ ITA 175/2024 THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 .....Appellant Through: Mr. Aseem Chawla, SSC with Ms. Pratishtha Chaudhary, Advocate. versus VIKRAM DHIRANI .....Respondent Through: Mr. Ruchesh Sinha and Mr. Ravi Gupta, Advocates. CORAM:HON'BLE MR. JUSTICE YASHWANT VARMAHON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R% 18.10.2024 1.We take note of the undisputed position of the tax effect as disclosed being below INR 2,00,00,000/-. 2.Although Mr. Chawla, learned counsel appearing for the appellant, had sought to place the appeal in the exceptions specified in paragraph 3.1 of the Central Board of Direct Taxes Circular No. 5/2024 dated 15 March 2024 and more particularly clause (c) thereof, we find the same pertains to additions relating to undisclosed foreign income, assets or bank accounts. Admittedly, the present appeal stands confined to the issue of penalty under Section 271AAA of the Income Tax Act, 1961 [‘Act’] and is not concerned with any additions spoken of in clause (c) of that notification. 3.In view of the aforesaid, the appeal shall stand dismissed on the ground of low tax effect. The question of law is kept open. YASHWANT VARMA, J. OCTOBER 18, 2024/vp RAVINDER DUDEJA, J.