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r HIGH COURT OF DELHI
ITA 732/2017
PR.COMMISSIONER OFINCOME TAX-3, NEW DELHI Appellant
Through: Mr.Ruchir Bhatia,Advocate.
ITA 732/2017
PR.COMMISSIONER OFINCOME TAX-3, NEW DELHI Appellant
Through: Mr.Ruchir Bhatia,Advocate.
VERSUS
DKGFINANCE& CHITFUNDPVT.LTD. Respondent
Through: Ms.Prem LataBansal,Sr.Advocate with Mr.Divyanshu Agrawal and Mr. Shivang Bansal,Advocates.
Through: Ms.Prem LataBansal,Sr.Advocate with Mr.Divyanshu Agrawal and Mr. Shivang Bansal,Advocates.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN
HON'BLE MR.JUSTICE SANJEEV NARULA
24.12.2020
HON'BLE MR.JUSTICE SANJEEV NARULA
24.12.2020
CMAPPL.34632/2020
The application has been listed by the Registry in view ofthe urgency expressed therein. The same has been heard by wayofvideo conferencing.
Present application has been filed by the respondent/assessee seeking dismissal of the present appeal on the ground that the tax effect in the present appeal is lower than the threshold limit of Rs. 1,00,00,000/- prescribed in Circular No. 17/2019 dated 08^*^ August,2019 issued by the
Central Board ofDirect Taxes.
Learned senior counsel for the respondent/assessee states that there is an urgency in the matter,as in the event,the present appeal is not dismissed, the respondent/assessee would like to avail the benefit ofAmnesty Scheme
2020:DHC:3968-DB r J /
7 ■' being Vivad Se Vishwas.
Learned senior counsel for the respondent/assessee refers to the computation sheet to contend that that tax component in the present appeal is Rs. 91,75,148/-. She states that the interest component in the present appeal is Rs. 96,33,905/- andRs. 2,29,377/- totalling to Rs. 1,90,38,430/-.
She also points out that in accordance with the Circular No. 3/2018 th • • dated 11 July, 2018, while computing the tax effect, the tax willnot include any interest thereon except where chargeability ofinterest itselfis in dispute.
Issue notice, Mr, Ruchir Bhatia, learned counsel accepts notice for Revenue, He fairly states that in view of the computation sheet dated 30^^ December, 2016, the tax effect in the present appeal is lower than the threshold limit of
Rs, 1,00,00,000/-.
Keeping in view the aforesaid as well as the Circular No. 17/2019 dated 08* August, 2019 issued by the Central Board of Direct Taxes, the present appeal is dismissed as withdrawn.
The order be uploaded on the website forthwith. Copy of the order be also forwardedto the learned counsel through e-mail, v
IMOHAN, J SANJEEVN, DECEMBER 24,2020 AS A. J 2020:DHC:3968-DB
The application has been listed by the Registry in view ofthe urgency expressed therein. The same has been heard by wayofvideo conferencing.
Present application has been filed by the respondent/assessee seeking dismissal of the present appeal on the ground that the tax effect in the present appeal is lower than the threshold limit of Rs. 1,00,00,000/- prescribed in Circular No. 17/2019 dated 08^*^ August,2019 issued by the
Central Board ofDirect Taxes.
Learned senior counsel for the respondent/assessee states that there is an urgency in the matter,as in the event,the present appeal is not dismissed, the respondent/assessee would like to avail the benefit ofAmnesty Scheme
2020:DHC:3968-DB r J /
7 ■' being Vivad Se Vishwas.
Learned senior counsel for the respondent/assessee refers to the computation sheet to contend that that tax component in the present appeal is Rs. 91,75,148/-. She states that the interest component in the present appeal is Rs. 96,33,905/- andRs. 2,29,377/- totalling to Rs. 1,90,38,430/-.
She also points out that in accordance with the Circular No. 3/2018 th • • dated 11 July, 2018, while computing the tax effect, the tax willnot include any interest thereon except where chargeability ofinterest itselfis in dispute.
Issue notice, Mr, Ruchir Bhatia, learned counsel accepts notice for Revenue, He fairly states that in view of the computation sheet dated 30^^ December, 2016, the tax effect in the present appeal is lower than the threshold limit of
Rs, 1,00,00,000/-.
Keeping in view the aforesaid as well as the Circular No. 17/2019 dated 08* August, 2019 issued by the Central Board of Direct Taxes, the present appeal is dismissed as withdrawn.
The order be uploaded on the website forthwith. Copy of the order be also forwardedto the learned counsel through e-mail, v
IMOHAN, J SANJEEVN, DECEMBER 24,2020 AS A. J 2020:DHC:3968-DB
JUDGMENT