DEPUTY COMMISSIONER OF INCOME TAX vs. M/S DEVI IRON AND POWER PVT. LTD.

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TAXC/173/2023HC ChhattisgarhCGHC01032802202322 October 2024Author: HON'BLE SHRI JUSTICE SANJAY K. AGRAWAL,HON'BLE SHRI JUSTICE AMITENDRA KISHORE PRASAD3 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal held that the submission made by the learned counsel for the appellant (Revenue) was fair and reasonable. The Tribunal noted that the new circular dated 17.09.2024, specifically paragraph 5, states that it shall apply to SLPs/appeals pending before Supreme Court/High Courts/Tribunal, which may accordingly be withdrawn. Since the monetary limit (tax liability) in the present case was less than Rs.2 Crores, and in light of the aforesaid circular, the Tribunal disposed of the Tax Case as withdrawn. The operative direction was to dispose of the appeal as withdrawn.

What were the facts?

The appeal was filed by the Deputy Commissioner of Income Tax, Central Circle, Raipur (Petitioner) against M/s Devi Iron And Power Pvt. Ltd. (Respondent). The assessment year(s) are not specified. The appeal challenges an order or action that is not detailed in the judgment. The procedural history involves the Petitioner's counsel submitting that a new circular dated 17.09.2024 issued by the Government of India, Ministry of Finance, has enhanced the monetary limit for filing Income Tax Appeals before the High Court to Rs.2 Crores. The tax liability in the present case is stated to be less than Rs.2 Crores. The Respondent was not represented.

What were the issues?

1. Whether, in light of the new circular dated 17.09.2024 issued by the Central Board of Direct Taxes, which enhances the monetary limit for filing appeals before the High Court to Rs.2 Crores, the present appeal, where the tax effect is less than Rs.2 Crores, should be disposed of as withdrawn? (Question of law, concerning the applicability of departmental circulars and litigation policy). Contentions: Assessee: Not recorded. Revenue: Submitted 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, and since the tax liability in the present case is less than Rs.2 Crore, the appeal may be disposed of finally in light of the aforesaid circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

1 / 3 2024:CGHC:41793-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TAXC No. 173 of 2023 1 – The Deputy Commissioner of Income Tax, Central Circle, Raipur (C.G.)

... Petitioner versus 1 - M/s Devi Iron And Power Pvt. Ltd., Mahamaya Tower, 3rd And 4th Floor, In Front of Anupam Nagar, Near Varun Honda, G.E. Road, Raipur (C.G.) ... Respondent (Cause-title is taken from CIS) For Petitioner : Mr. Amit Chaudhari, Advocate For Respondent : None Division Bench Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice

Amitendra Kishore Prasad

Judgment on Board (23/10/2024) Sanjay K. Agrawal, J

1.

When the case is taken for hearing and 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 RAVI SHANKAR MANDAVI

2 / 3 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 hereinbelow:

“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 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

3.

Before Supreme Court 5 crore

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 3 / 3 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.

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 as withdrawn. (Sanjay K. Agrawal) (Amitendra Kishore Prasad)

Judge Judge Ravi Mandavi

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