PR. COMMISSIONER OF INCOME TAX I, JALANDHAR vs. RAVINDER BAWA

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ITA/102/2022HC Punjab & HaryanaPHHC01001055202215 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE ALOK JAIN3 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the prayer for withdrawal of the appeal. The reasoning was based on the issuance of Circular No. 9/2024 dated 17.09.2024, which revised the monetary limits for filing appeals in income-tax cases. The circular stipulated that appeals/SLPs before the Supreme Court should have a tax effect of ₹5 crore, before the High Court ₹2 crore, and before the ITAT ₹60 lakh. The circular also stated that these limits, with exceptions, would apply to all cases, including those relating to TDS/TCS, and would be effective from the date of issuance. The Revenue contended that the present appeal did not fall within the exceptions to Circular No. 5/2024. Consequently, the Revenue sought to withdraw the appeal. The Tribunal accepted this submission and allowed the withdrawal. All pending applications were also disposed of accordingly.

What were the facts?

The appeal, ITA-102-2022, was filed by the Pr. Commissioner of Income Tax-I against Ravinder Bawa. The appeal was listed before the High Court of Punjab and Haryana at Chandigarh. The Revenue's counsel submitted that the Government of India, Ministry of Finance, Department of Revenue, had issued Circular No. 9/2024 dated 17.09.2024, which enhanced the monetary limits for filing appeals before the Income Tax Appellate Tribunal (ITAT), High Court, and Supreme Court. This amendment was made to manage litigation. The circular stipulated revised monetary limits for appeals based on the tax effect. The present appeal, according to the Revenue, did not fall within the exceptions provided in Circular No. 5/2024.

What were the issues?

1. Whether the appeal, ITA-102-2022, should be withdrawn in light of the enhanced monetary limits for filing appeals as per Circular No. 9/2024 dated 17.09.2024 issued by the Ministry of Finance, Department of Revenue. Assessee's Contention: None appeared for the respondent/assessee. Revenue's Contention: The Revenue's learned counsel submitted that Circular No. 9/2024 dated 17.09.2024 has enhanced the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. The amended provisions have been implemented to manage litigation. The counsel further 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.

AI-generated summary — verify with the full judgment below

ITA-102-2022 ( 288-1

IN TH

PR. COMMIS

RAVINDER B CORAM: H

H Present: M

SANJEEV P

1.

Counse No.9/20 Ministr Taxes, before Court amende manage

(O&M)

Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR

***

SSIONER OF INCOME TAX-I, Vs. BAWA **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE ALO **** Mr. Ranvijay Singh, Sr. Standing for the appellant/Revenue. None 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 the monetary limits for filing o the ITAT, High Court and SLP have been enhanced and the ed and following steps have b e litigations: AB AND HARYANA AT RH ITA-102-2022 (O&M) Date of Decision: 15.10.2024 , JALANDHAR . . . . Appellant . . . . Respondent NJEEV PRAKASH SHARMA OK JAIN g Counsel ) in terms of the Circular bearing by the Government of India, evenue, Central Board of Direct f the appeals by the department Ps/Appeals before the Supreme Circular No.5/2024 has been been taken with the purpose to

) 4 t

t g , t t e n o PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

ITA-102-2022 ( h fo 4 S 1 2 3 r in A C to to 2. The mo Circula be filed apply t and Tri 3. In view does n learned 4. Accord as with

(O&M)

Page 2 of 3 “ 2. As a step towards man has been decided by the Board to re for filing of appeals in Income-tax 4.1 of the aforementioned Circular Sl. No. Appeals/SLPs in Income-t 1. Before Income

Tax Tribunal 2. Before High Court 3. Before Supreme Court

3.

Monetary limits given in p regard to filing appeal/SLP shall be ncluding those relating to TDS/TC Act, 1961 with exceptions as per Circular No 5/2024 dated 15.03.20 o appeal/file SLP shall be taken on o the tax effect and the monetary li

odifications have come into effe ar i.e. 17.09.2024, and therefore d before the Supreme Court, Hi to the appeals pending before t ibunal, which have been directed w of aforesaid Circular No.09/202 not fall within the exception d counsel prays for withdrawal of dingly, we allow the prayer as ab drawn. nagement of litigation, it evise the monetary limits cases as stated in Para as follows: tax matters Monetary Limit (Tax effect in Rs.) Appellate 60 lakh 2 crore 5 crore paragraph 2 above with e applicable to all cases CS under the Income-tax r paras 3.1 and 3.2 of 024, where the decision n merits, without regard imits.” ect from the date of issuance of e shall apply to SLPs/appeals to gh Court and Tribunal and also the Supreme Court, High Court d to be withdrawn. 24 dated 17.09.2024, as the case clause of Circular No.5/2024, f the appeal No.ITA-102-2022. bove, and the appeal is dismissed

f o o t e , d PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

ITA-102-2022 ( 5. All pen

October 15, 20 parul 1. Wheth 2. Wheth

(O&M)

Page 3 of 3 nding applications also stand disp

(SANJ 024 her speaking/reasoned?

her reportable?

posed of accordingly. JEEV PRAKASH SHARMA) JUDGE

(ALOK JAIN) JUDGE Yes/No Yes/No

PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

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