PR. COMMISSIONER OF INCOME TAX (CENTRAL). GURGOAN vs. M/S SAM LAND DEVELOPERS AND PROMOTERS PVT. LTD. THROUGH MANAGING DIRECTOR
What did the High Court hold?
The High Court allowed the prayer for withdrawal of the appeal. The Court noted that the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, had issued Circular No. 9/2024 dated 17.09.2024, revising the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. The revised monetary limit for filing appeals before the High Court was Rs. 2 crore. The Court observed that the present appeal did not fall within the exceptions to the monetary limits as per Circular No. 5/2024. Consequently, the Revenue's counsel prayed for withdrawal of the appeal, which was allowed by the Court. The appeal was accordingly dismissed as withdrawn.
What were the facts?
The appeal was filed by the Principal Commissioner of Income Tax (Central), Gurgaon against M/s Sam Land Developers and Promoters Pvt. Ltd. The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The appeal pertains to the assessment year(s) not specified in the judgment. The Revenue sought withdrawal of the appeal based on a Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes dated 17.09.2024 (Circular No. 9/2024). This circular enhanced the monetary limits for filing appeals before the Income Tax Appellate Tribunal (ITAT), High Court, and Supreme Court. The appeal was directed to be withdrawn as it did not fall within the exceptions provided in the circular.
What were the issues?
1. Whether the present appeal, filed by the Revenue, is maintainable in light of the revised monetary limits for filing appeals as per Circular No. 9/2024 dated 17.09.2024. Assessee's Contention: The assessee's counsel did not record any specific arguments. However, the Revenue's counsel sought withdrawal of the appeal based on the aforementioned circular. Revenue's Contention: The Revenue contended that the monetary limits for filing appeals have been enhanced by Circular No. 9/2024 dated 17.09.2024. The appeal in question does not fall within the exceptions to the monetary limits as per Circular No. 5/2024 dated 15.03.2024. Therefore, the Revenue prayed for withdrawal of the appeal.
AI-generated summary — verify with the full judgment below
ITA-138-2019 ( 214-1 IN TH
PR. COMMIS
M/S SAM LA
CORAM: H
H Present: M
SANJEEV P
Counse by the Revenu No.9/20 departm Court amende manage
(O&M)
Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR SSIONER OF INCOME TAX (C Vs. AND DEVELOPERS AND PRO **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN **** Mrs. Urvashi Dhugga, Sr. Standi for the appellant. Mr. B.M. Monga, Advocate and Mr. Rohit Kaura, Advocate for the respondent. **** RAKASH SHARMA, J.(Oral) el for the appellant submits that Government of India, Minist ue, Central Board of Direct Ta 024, the monetary limits for ment before the ITAT, High Cou has been enhanced and the ed and following steps have b e litigations: AB AND HARYANA AT RH ITA-138-2019 (O&M) Date of Decision: 19.09.2024 CENTRAL). GURGOAN . . . . Appellant OMOTERS PVT. LTD. . . . . Respondent NJEEV PRAKASH SHARMA NJAY VASHISTH ing Counsel ) t in terms of the Circular issued try of Finance, Department of axes dated 17.09.2024 bearing filing of the appeals by the urt and SLPs before the Supreme Circular No.5/2024 has been been taken with the purpose to
) 4 t t d f g e e n o MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document
ITA-138-2019 ( 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
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 present appeal. bove, and the appeal is dismissed
f o o t e , d MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document
ITA-138-2019 ( 5. All pe accordi
September 19 Mohit goyal 1. Whethe 2. Whethe
(O&M)
Page 3 of 3 ending applications also sta ingly.
(SANJ , 2024 r speaking/reasoned?
Y r reportable?
Y and dismissed as withdrawn JEEV PRAKASH SHARMA) JUDGE
(SANJAY VASHISTH) JUDGE Yes/No Yes/No
n MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document
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