Director Of Income Tax v. Hyundai Engineering Co. Ltd.

$-24 & 25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ITA 696/2009 DIRECTOR OF INCOME TAX Appellant Through: Mr. P. Raychaudhuri, Sr. Standing Counsel.

versus HYUNDAI ENGINEERING CO. LTD.

Respondent Through: Mr Kamal Sawhney and Mr Shikhar Garg, Advocates.

ITA 721/2009 DIRECTOR OF INCOME TAX Appellant Through: Mr. P. Raychaudhuri, Sr. Standing Counsel.

versus HYUNDAI ENGINEERING CO. LTD.

.....Respondent Through: Mr Kamal Sawhney and Mr Shikhar Garg, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE NAJMI WAZIRI

ORDER

% 27.07.2016

1. Of the two issues raised in these appeals, one relates to the deletion of the addition of Rs. 3.58 crores made by the Assessing Officer allegedly on account of the bogus expenses relating to the head office. The Court has already declined to frame a question of law on the said issue by its order dated 16 th November, 2010.

By:AMULYA

As far as the remaining issue is concerned, it is covered against the Appellant Revenue by the decision of this Court dated 41h October, 2010 in ITA No. 1111/2010 (Commissioner of Income Tax v. MIs Dhingra Metal Works.) Additionally, the learned counsel for the Appellant states that the tax effect in these appeals is less than Rs.20 lakhs. Therefore, in view of Circular No. 21/2015 dated 10th December 2015 issued by the Central Board of Direct Taxes, these appeals have to be treated as not pressed by the Revenue.

The appeals are accordingly dismissed.

S.MURALIDHAR, J NAIAZIRI, J JULY 27, 2016 kk