PR COMMISSIONE OF INCOME TAX 1 LUDHIANA vs. M/S VARDHMAN TEXTILED LIMITED CHANDIGARH ROAD LUDHIANA

ITA/301/2019HC Punjab & HaryanaPHHC01073493201915 October 2024Author: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE ALOK JAIN3 pages
AI SummaryWithdrawn

Facts

The appeal was filed by the Principal Commissioner of Income Tax-1, Ludhiana (Revenue) against M/s Vardhman Textiles Limited, Ludhiana (Assessee). The assessment year(s) are not specified. The appeal challenges an order or action that is not detailed in the provided text. The procedural history indicates that the Revenue sought to withdraw the appeal. This withdrawal was based on Circular No. 9/2024 dated 17.09.2024 and Circular No. 5/2024 dated 15.03.2024, issued by the Ministry of Finance, Department of Revenue, Government of India. These circulars revise the monetary limits for filing appeals before the Income Tax Appellate Tribunal (ITAT), High Court, and Supreme Court. The Revenue's counsel stated that the present appeal does not fall within the exceptions mentioned in Circular No. 5/2024.

Held

The Tribunal allowed the Revenue's prayer for withdrawal of the appeal. The decision was based on the revised monetary limits for filing appeals as stipulated in Circular No. 9/2024 dated 17.09.2024 and Circular No. 5/2024 dated 15.03.2024. The Revenue's counsel submitted that these circulars were issued to manage litigation and that the present appeal did not fall within the exceptions provided in Circular No. 5/2024. The Tribunal found merit in the prayer for withdrawal. Consequently, the appeal was dismissed as withdrawn. All pending applications were also disposed of accordingly. The judgment does not record any decision on the merits of the original dispute.

Key Issues

1. Whether the appeal filed by the Revenue is to be withdrawn in light of the revised monetary limits for filing appeals as per Circular No. 9/2024 and Circular No. 5/2024? (Question of law/mixed law and fact, concerning the applicability of government circulars on litigation management). Assessee's Contention: The Revenue's counsel argued that Circular No. 9/2024 and Circular No. 5/2024 have enhanced the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. The purpose of these circulars is to manage litigation. The Revenue's counsel stated that the present appeal does not fall within the exceptions provided in Circular No. 5/2024 and therefore, prayed for withdrawal of the appeal. The counsel relied on Circular No. 9/2024 dated 17.09.2024 and Circular No. 5/2024 dated 15.03.2024. Revenue's Contention: Not recorded, as the Revenue is the appellant seeking withdrawal.

Sections Cited

Not explicitly mentioned in the provided text.

AI-generated summary — verify with the full judgment below

ITA-301-2019 ( 288-10

IN TH

PR. COMMIS M/S VARDH CORAM: H

H Present: M

f

M M M

f

SANJEEV P

1.

Counse No.9/20 Ministr Taxes departm Suprem been am manage (O&M) HE HIGH COURT OF PUNJA CHANDIGAR

*** SSIONER OF INCOME TAX-1 Vs.

HMAN TEXTILES LIMITED, LU **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE ALO ****

Mr. Ranvijay Singh, Sr. Standing for the appellant/Revenue. Ms. Radhika Suri, Sr. Advocate w Ms. Parnika Singla, Advocate an Mr. Abhinav Narang, Advocate for the respondent. **** RAKASH SHARMA, J.(Oral) el for the appellant submits that 024 dated 17.09.2024 issued ry of Finance, Department of Re dated, the monetary limits for ment before the ITAT, High Cou me Court have been enhanced a mended and following steps have e litigations:

AB AND HARYANA AT RH ITA-301-2019 (O&M) Date of Decision: 15.10.2024 , LUDHIANA . . . . Appellant UDHIANA . . . . Respondent NJEEV PRAKASH SHARMA OK JAIN g Counsel with nd ) in terms of the Circular bearing by the Government of India, evenue, Central Board of Direct r filing of the appeals by the urt and SLPs/Appeals before the and the Circular No.5/2024 has

The order continues below.

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