C I T vs. M/S SUTLEJ CONST. LTD.

ITA/658/2008HC Punjab & HaryanaPHHC01080670200814 October 2024Author: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 pages
AI SummaryWithdrawn

Facts

The appellant, M/s Sutlej Construction Ltd., filed an appeal before the ITAT High Court. The appeal was filed in 2008. The Revenue, represented by the Commissioner of Income Tax-1, Chandigarh, sought to withdraw the present appeal. This request was based on a Circular No. 9/2024 issued by the Central Board of Direct Taxes (CBDT) on September 17, 2024. This circular revised the monetary limits for filing appeals by the department before the Income Tax Appellate Tribunal, High Courts, and the Supreme Court. The purpose of the revision was to manage litigation effectively. The appellant's counsel submitted that the present case did not fall within any exceptions to the revised monetary limits.

Held

The Tribunal allowed the prayer for withdrawal of the appeal. The reasoning was based on the applicability of CBDT Circular No. 9/2024 dated September 17, 2024, which revised the monetary limits for filing appeals. The appellant's counsel submitted that the present case did not fall within the exceptions to these revised limits. Consequently, the Revenue sought to withdraw the appeal. The Tribunal, in view of the circular and the submissions made, allowed the prayer and accordingly, the appeal was dismissed as withdrawn. All pending applications were also dismissed as withdrawn. No specific finding was made on the merits of the original appeal, as it was withdrawn.

Key Issues

1. Whether the present appeal, filed in 2008, is maintainable in light of the revised monetary limits for filing appeals as per CBDT Circular No. 9/2024 dated September 17, 2024? Assessee's Contention: The assessee's counsel submitted that the present appeal does not fall within any exceptions to the revised monetary limits stipulated in Circular No. 9/2024. Therefore, the assessee prayed for the withdrawal of the present appeal. Revenue's Contention: The Revenue, through its counsel, prayed for the withdrawal of the present appeal, citing the applicability of CBDT Circular No. 9/2024 and the fact that the case does not fall within the exceptions mentioned therein. The Revenue's prayer is to withdraw the appeal.

AI-generated summary — verify with the full judgment below

210 IN

THE COMMI M/S SUTLEJ

CORAM: H

H

Present: M f

M

* SANJEEV PR

1.

C issued by the Revenue, Ce No.9/2024, th before the IT enhanced and have been tak b o a S 1 2 3 N THE HIGH COURT OF PU CHANDIG I D ISSIONER OF INCOME TAX-1, CONSTRUCTION LTD., CHAN HON'BLE MR. JUSTICE SANJ HON'BLE MR. JUSTICE SANJ Mr. Yogesh Putney, Senior Stand for the respondent-Income Tax D Mr. Shantanu Bansal, Advocate f **** RAKASH SHARMA, J.(Oral) Counsel for the appellant submi e Government of India, Minist entral Board of Direct Taxe he monetary limits for filing of AT, High Court and SLPs befo d the Circular No.5/2024 has bee ken with the purpose to manage l “ 2. As a step towards man been decided by the Board to revise of appeals in Income-tax cases a aforementioned Circular as follows Sl. No. Appeals/SLPs in Income-t

1.

Before Income

Tax Tribunal

2.

Before High Court

3.

Before Supreme Court

NJAB AND HARYANA AT GARH ITA-658-2008 (O&M) Date of Decision: 14.10.2024 CHANDIGARH .…...Appellant (s) V/s.

NDIGARH

......Respondent(s) NJEEV PRAKASH SHARMA NJAY VASHISTH ding Counsel, Department. for the respondent/Assessee. its that in terms of the

The order continues below.

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