Pr. Commissioner Of Income Tax 7 v. M/S P. Mittal Manufacturing Pvt. Ltd.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 127/2021 PR. COMMISSIONER OF INCOME TAX 7 ..... Appellant Through:

Mr. Sanjeev Menon, Adv. for Mr.

Zoheb Hossain, SSC.

versus M/S P. MITTAL MANUFACTURING PVT. LTD.

..... Respondent Through:

Mr. Mahir Aggarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 13.02.2024 1.

The orders earlier passed in this appeal would indicate that the question of its maintainability came to be raised in the context of Circular No. 3 of 2018 of the Central Board of Direct Taxes dated 11 August 2018 as amended on 20 August 2018.

2.

Undisputedly, the tax effect in the instant appeal falls below the minimum threshold as prescribed. The Revenue at that stage had sought to place the appeal under Clause 10(e) of the exceptions to the aforenoted pecuniary restrictions contending that in the instant case, the matter had proceeded on the basis of a report of the Serious Fraud Investigation Office ["SFIO"].

3.

However, Mr. Menon, learned counsel, representing the appellant, in all fairness, submits that having gone through the said report, it is evident that the present transaction does not form part thereof. Additionally, we are informed that even the assessment order does not refer to any SFIO report.

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 17/12/2024 at 15:07:53

4.

In view of the aforesaid, we dismiss the appeal on the ground of tax effect.

YASHWANT VARMA, J.

PURUSHAINDRA KUMAR KAURAV, J.

FEBRUARY 13, 2024/neha 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 17/12/2024 at 15:07:53