Facts of the Case

The Revenue (Principal Commissioner of Income Tax, Central-2) filed appeals before the Delhi High Court against the respondent, Chintels India Ltd. However, during the hearing, the Revenue’s counsel submitted that the tax effect involved in the appeals was less than ₹50 lakhs, which falls below the monetary threshold prescribed under CBDT Circular No. 3/2018 

Issues Involved

  • Whether the appeals filed by the Revenue are maintainable when the tax effect is below ₹50 lakhs as per CBDT Circular No. 3/2018.
  • Whether substantial questions of law should be adjudicated despite low tax effect.

Petitioner’s (Revenue’s) Arguments

  • The Revenue acknowledged that the tax effect in the present appeals is below ₹50 lakhs.
  • It was submitted that in view of CBDT Circular No. 3/2018, the appeals may be disposed of without adjudicating the substantial questions of law, keeping such questions open.

Respondent’s Arguments

  • The respondent (Chintels India Ltd) supported disposal of the appeals in light of the CBDT circular and low tax effect threshold.

Court’s Findings / Order

  • The Delhi High Court recorded the statement of the Revenue regarding the low tax effect.
  • The Court disposed of the appeals without answering the substantial questions of law, leaving those questions open for future consideration.
  • The scheduled hearing date was cancelled.

Important Clarification by the Court

  • The dismissal of appeals is not on merits.
  • Substantial questions of law are kept open, meaning they can be raised in appropriate cases where the tax effect exceeds the prescribed limit.
  • The order strictly follows CBDT Circular No. 3/2018, reinforcing its binding nature on Revenue authorities.

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2018:DHC:8301-DB/SKN10082018ITA5752017_140234.pdf

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