Facts of the Case

The Revenue (Principal Commissioner of Income Tax, Delhi-5) filed appeals against the respondent-assessee, M/s Kaane Packaging Pvt. Ltd., before the Delhi High Court. The appeals involved certain substantial questions of law arising under the Income Tax Act.

There was a minor delay in filing (one day) and re-filing (six days) of the appeals, which was condoned by the Court upon no objection from the assessee.

During the hearing, the Revenue acknowledged that the tax effect involved in the appeals was below Rs. 50 lakhs, thereby attracting the applicability of CBDT Circular No. 3/2018.

Issues Involved

  1. Whether the appeals filed by the Revenue are maintainable when the tax effect is below the prescribed monetary limit under CBDT Circular No. 3/2018.
  2. Whether substantial questions of law should be adjudicated despite low tax effect.

Petitioner’s (Revenue’s) Arguments

  • The Revenue submitted that although substantial questions of law were framed, the tax effect in the present case was below Rs. 50 lakhs.
  • In view of CBDT Circular No. 3/2018, the appeals may be disposed of without adjudicating the legal issues.

Respondent’s (Assessee’s) Arguments

  • The respondent did not oppose the condonation of delay.
  • Implicitly supported disposal of the appeals in terms of the CBDT Circular due to low tax effect 

Court’s Findings / Order

  • The Court accepted the statement made by the Revenue regarding low tax effect.
  • It disposed of the appeals without answering the substantial questions of law.
  • The Court expressly clarified that all issues/questions of law are left open for future adjudication.

Important Clarification

  • Dismissal of the appeal was not on merits, but solely on account of low tax effect as per CBDT Circular No. 3/2018.
  • The legal issues involved remain open and can be decided in appropriate cases with higher tax implications.

Sections / Legal Provisions Involved

  • Income Tax Act, 1961 (Appeal provisions – Section 260A)
  • CBDT Circular No. 3/2018 dated 11 July 2018 (Monetary limits for filing appeals)

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2018:DHC:8306-DB/SKN11092018ITA9402017_145121.pdf

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