"Special Leave Petition Dismissed Due to Tax Effect Under Rs. 1 Crore: Case Falls Within CBDT's Circular. Income Tax Department Retains Right to Seek Review If Tax Effect Exceeds Rs. 1 Crore. All Pending Applications Resolved."

"Special Leave Petition Dismissed Due to Tax Effect Under Rs. 1 Crore: Case Falls Within CBDT's Circular. Inc…

Income Tax

The Supreme Court has reviewed a special leave petition which pertains to a tax effect of less than Rs. 1 Crore. This case is in accordance with the Circular of the Central Board of Direct Taxes (CBDT). As a result, the court has decided to dismiss the petition. Nevertheless, it has granted the Income-Tax Department the right to request a review if the tax effect in this case is identified to be more than Rs. 1 Crore. Additionally, the court has dealt with any pending applications related to this case, considering them to be resolved.



The special leave petition considered by the Supreme Court revolves around a tax effect less than Rs.1 Crore, a scenario which is covered by the Central Board of Direct Taxes (CBDT) Circular. Given these circumstances, the court has dismissed the petition. However, a provision has been made for the Income-Tax Department, allowing it to seek a review in the event it is identified that the tax effect surpasses Rs.1 Crore. Furthermore, the court has ensured that any pending applications associated with this case are now resolved. This judicial action showcases a balance between respecting existing legal guidelines and allowing room for reconsideration where necessary.



In this special leave petition the tax effect is less than Rs.1 Crore and is covered by the Circular of CBDT.



The Special Leave Petition is, accordingly, dismissed.



However, it will be open to the Income-Tax Department to seek review, if it is pointed out that the tax effect is more than Rs.1 Crore.



Pending application(s), if any, stands disposed of accordingly.




(ASHWANI THAKUR) (RAJINDER KAUR)



COURT MASTER (SH) COURT MASTER

CONCEPTS