The Deputy Commissioner of Income Tax 1(1) vs. LNS Industries Ltd.

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TAXC/41/2019HC ChhattisgarhCGHC01024445201908 December 2024Author: HON'BLE SHRI JUSTICE SANJAY K. AGRAWAL,HON'BLE SHRI JUSTICE RADHAKISHAN AGRAWAL4 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal held that the submission of the learned counsel for the appellant (Revenue) regarding the new circular dated 17.09.2024, which enhances the monetary limit for filing Income Tax Appeals before the High Court to Rs. 2 Crores, is fair and reasonable. Since the tax liability in the present case is less than Rs. 2 Crores, the instant Tax Case stands disposed of finally as withdrawn in light of paragraph 5 of the aforesaid circular dated 17.09.2024. The circular clarifies that it shall apply to SLPs/appeals to be filed henceforth and also to pending SLPs/appeals which may accordingly be withdrawn. The operative direction is to dispose of the appeal as withdrawn.

What were the facts?

The appeal was filed by the Deputy Commissioner of Income Tax against Lns Industries Ltd. The assessment year(s) are not specified. The order or action under challenge is the appeal itself, filed before the High Court. The amount in dispute is not explicitly stated but is implied to be less than Rs. 2 Crores. The procedural history is that the appellant's counsel submitted that a new circular dated 17.09.2024 has enhanced the monetary limit for filing Income Tax Appeals before the High Court to Rs. 2 Crores, and since the tax liability in this case is less than that amount, the appeal may be disposed of. The respondent was not represented.

What were the issues?

1. Whether the present appeal, filed by the Revenue, is to be disposed of in light of the revised monetary limits for filing appeals before the High Court as per the Circular dated 17.09.2024, given that the tax effect is less than Rs. 2 Crores? (Question of law, relying on Section 268A of the Income-tax Act, 1961). Assessee's contentions: The Revenue (applicant) argued that a new circular dated 17.09.2024 has enhanced the monetary limit for filing Income Tax Appeals before the High Court to Rs. 2 Crores. As the tax liability in the present case is less than Rs. 2 Crores, the appeal should be disposed of finally in light of this circular. The Revenue relied on Circular No. 5/2024 dated 15.03.2024 and the subsequent Circular dated 17.09.2024. Revenue's contentions: Not applicable as the Revenue is the applicant.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

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2024:CGHC:48228-DB

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TAXC No. 41 of 2019 The Deputy Commissioner Of Income Tax 1(1) Amdi Nagar, Hudco, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

... Applicant versus Lns Industries Ltd. Head Office- 46 Motilal Nehru Nagar (East) Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Respondents

For Applicant : Mr. Amit Chaudhari, Advocate with Mr. Ajay Kumrani, Advocate. For Respondent : None. Hon'ble Shri

Justice Sanjay K. Agrawal

Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board 09.12.2024 Sanjay K. Agrawal, J. SAURABH YADAV SAURABH YADAV Date: 2024.12.10 11:45:10 +0530

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1.

When the case is taken up for hearing, learned counsel for the appellant would submit that the Government of India, Ministry of Finance has issued a new circular dated 17.09.2024, in which monetary limits for filing Income Tax Appeals by the department before the High Court has been enhanced to Rs.2 Crores, whereas in the present case the tax liability of assess is less than Rs. 2 Crore. Therefore, in light of aforesaid circular dated 17.09.2024, the present appeal may be disposed of finally.

2.

The said prayer appears to be fair and reasonable.

3.

For ready reference, relevant paragraphs of said circular dated 17.09.2024 is quoted herein-below:

“1. Reference is invited to Circular No. 5/2024 (F.No.279/Misc.142/2007-ITJ(Pt))dated 15.03.2024 of Central Board of Direct Taxes (the 'Board') vide which monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLP/appeals before Supreme Court have been specified. Further, exceptions to the monetary limits were also specified vide paras 3.1 and 3.2 of the said Circular.

2.

As a step towards management of litigation, it has been decided by the Board to revise the monetary limits

3 / 4 for filing of appeals in Income-tax cases as stated in Para 4.1 of the aforementioned Circular as follows:- S. No. Appeals/SLPs in Income-Tax matters Monetary Limit (Tax effect in Rs.)

1.

Before Income Tax Appellate Tribunal 60 lakh

2.

Before High Court 2 crore 2 crore

3.

Before Supreme Court 5 core

3.

Monetary limits given in paragraph 2 above with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, 1961 with exceptions as per paras 3.1 and 3.2 of Circular No 5/2024 dated 15.03.2024, where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits.

4.

It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case. The officers concerned shall keep in mind the overall objective of reducing unnecessary litigation and providing certainty to taxpayers on their Income-tax assessments while taking a decision regarding filing an appeal.

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5.

The modifications shall come into effect from the date of issue of this Circular. This Circular will apply to SLPs/appeals to be filed henceforth in SC/HCs/Tribunal. It shall also apply to the SLPs/ appeals pending before Supreme Court/High Courts/Tribunal, which may accordingly be withdrawn.

6.

The above may be brought to the notice of all concerned.

7.

This issues under section 268A of the Income-tax Act, 1961. 8. Hindi version will follow. ”

4.

In view aforesaid submission of learned counsel for the appellant where monetary limit (tax liability) in the present case is less than Rs.2 Crores, therefore, in light of aforesaid circular (Para-5) dated 17.09.2024, the instant Tax Case stands disposed of finally as withdrawn. (Sanjay K. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Saurabh

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