CIT, CHANDIGARH vs. TILOK TIRATH VIDYAWATI CHUTTANI CHARITABLE TU

Facts

The appeal was filed by the Commissioner of Income Tax-I, Chandigarh (Revenue) against M/s Tirlok Tirath Vidayavati Chuttani (Assessee). The assessment year is not explicitly stated, but the appeal number ITA-909-2008 suggests it pertains to an earlier period. The appeal is before the High Court of Punjab and Haryana. The Revenue sought to withdraw the appeal based on an amendment to the monetary limits for filing appeals by the Central Board of Direct Taxes (CBDT) via Circular No. 9/2024, dated 17.09.2024, which amended Circular No. 5/2024. The revised monetary limits for appeals before the Income Tax Appellate Tribunal (ITAT) are Rs. 60 lakh, before the High Court are Rs. 2 crore, and before the Supreme Court are Rs. 5 crore. These limits are applicable to all cases, including TDS/TCS, unless they fall under specific exceptions based on merits.

Held

The High Court allowed the prayer of the appellant (Revenue) to withdraw the appeal. The reasoning was based on the amended monetary limits for filing appeals introduced by Circular No. 9/2024, which amended Circular No. 5/2024. The court noted that these revised limits, which set a threshold of Rs. 2 crore for appeals before the High Court, were applicable to all cases, including the present one, as it did not fall under any of the exceptions mentioned in the circular. Consequently, the appeal was dismissed as withdrawn. All pending applications associated with the appeal were also dismissed as withdrawn. The judgment does not expressly leave any issue undecided.

Key Issues

1. Whether the amended monetary limits for filing appeals, as per Circular No. 9/2024 (amending Circular No. 5/2024), are applicable to the present appeal before the High Court, thereby permitting its withdrawal. Contentions: Assessee: The assessee relies on the Circular No. 9/2024 and submits that there is no exception applicable to the present case, as it does not fall within the exception clauses of Circular No. 5/2024. Therefore, the appeal should be withdrawn. Revenue: The Revenue, through its counsel, relies on the amended monetary limits and Circular No. 9/2024 to seek withdrawal of the appeal. The judgment does not record specific arguments from the Revenue beyond their counsel's submission supporting the withdrawal based on the circular.