PR. COMMISSIONER OF INCOME TAX, PANCHKULA vs. M/S YAMUNA POWER & INFRASTRUCTURE LTD.,SARDANA NAGAR, AMBALA ROAD,JAGADHARI

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ITA/187/2018HC Punjab & HaryanaPHHC01119029201814 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the prayer for withdrawal of the present appeal. The reasoning was based on the application of CBDT Circular No. 9/2024 dated September 17, 2024, which revises the monetary limits for filing appeals. The Circular states that the decision to appeal or file an SLP shall be taken on merits, without regard to the tax effect, except for specific exceptions. However, the present case, as submitted by the counsel, does not fall within these exceptions. The Tribunal noted that the modifications in the Circular came into effect from the date of issuance and apply to appeals pending before the Supreme Court, High Court, and Tribunal. Consequently, the appeal was dismissed as withdrawn. All pending applications were also disposed of accordingly.

What were the facts?

The appellant, the Principal Commissioner of Income Tax, Panchkula, filed an appeal before the ITAT High Court. The respondent is M/s Yamuna Power & Infrastructure Ltd., Jagadhari. The appeal was filed in the year 2018. The present proceedings concern the withdrawal of this appeal. The Revenue's decision to withdraw is based on a Circular issued by the Central Board of Direct Taxes (CBDT) on September 17, 2024, bearing No. 9/2024, which revises monetary limits for filing appeals. The Circular aims to manage litigation by setting higher monetary thresholds for appeals before various judicial forums, including the ITAT, High Court, and Supreme Court. The revised limits are Rs. 60 lakh for the ITAT, Rs. 2 crore for the High Court, and Rs. 5 crore for the Supreme Court.

What were the issues?

1. Whether the present appeal, filed before the ITAT High Court, should be withdrawn by the Revenue in light of the revised monetary limits stipulated in CBDT Circular No. 9/2024 dated September 17, 2024? (Question of law and fact, concerning the application of CBDT Circulars and litigation policy). Assessee's Contention: The learned counsel for the respondent/assessee submitted that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of appeals before the ITAT, High Court and SLPs before the Supreme Court have been enhanced and amended. The counsel further stated that the aforementioned Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage litigation. The counsel prays for withdrawal of the present appeal. Revenue's Contention: The Revenue, through its counsel, supported the withdrawal of the appeal based on the revised monetary limits and the objective of litigation management as outlined in the CBDT Circular.

Which sections of the Income-tax Act were involved?

Section 1961

AI-generated summary — verify with the full judgment below

238-5 IN

PR. COMMIS M/S YAMUNA

CORAM: H

Present: M M f

* SANJEEV PR

C issued by the Revenue, Ce No.9/2024, th before the IT enhanced and have been tak b o a S 1 2 3 N THE HIGH COURT OF PU CHANDIG I D SSIONER OF INCOME TAX, PA A POWER & INFRASTRUCTUR HON'BLE MR. JUSTICE SANJ HON'BLE MR. JUSTICE SANJ Mr. Saurabh Kapoor, Senior Stan Ms. Pridhi Sandhu, Junior Standi for the respondent-Income Tax D Mr. Shantanu Bansal, Advocate f **** RAKASH SHARMA, J.(Oral) Counsel for the appellant submi e Government of India, Minist entral Board of Direct Taxe he monetary limits for filing of AT, High Court and SLPs befo d the Circular No.5/2024 has bee ken with the purpose to manage l “ 2. As a step towards man been decided by the Board to revise of appeals in Income-tax cases a aforementioned Circular as follows Sl. No. Appeals/SLPs in Income-t 1. Before Income

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

NJAB AND HARYANA AT GARH ITA-187-2018 (O&M) Date of Decision: 14.10.2024 ANCHKULA .…...Appellant (s) V/s.

RE LTD., JAGADHARI

......Respondent(s) NJEEV PRAKASH SHARMA NJAY VASHISTH nding Counsel, with ing Counsel, Department. for the respondent/Assessee. its that in terms of the Circular try of Finance, Department of es dated 17.09.2024 bearing f the appeals by the department ore the Supreme Court has been en amended and following steps itigations: nagement of litigation, it has e the monetary limits for filing as stated in Para 4.1 of the s: tax matters Monetary Limit (Tax effect in Rs.) Appellate 60 lakh 2 crore 5 crore ) ) r f g t n s Suresh Kumar 2024.10.16 10:48 I attest to the accuracy and integrity of this document

ITA-187-2018 r in 1 5 s m 2. T issuance of SLPs/appeals and also apply and Tribunal, 3. In the case does learned couns 4. A dismissed as w 5. A accordingly.

October 14, 20 Ess Kay 1. Whethe 2. Whethe Page 2 of 2 (O&M)

Monetary limits given regard to filing appeal/SLP shall ncluding those relating to TDS/TC 1961 with exceptions as per paras 5/2024 dated 15.03.2024, where th shall be taken on merits, without re monetary limits.”

The modifications have come Circular i.e. 17.09.2024, an to be filed before the Supreme y to the appeals pending before which have been directed to be n view of aforesaid Circular N s not fall within the exception sel prays for withdrawal of the pr Accordingly, we allow the pray withdrawn. All pending applications also

(SANJ 024 r speaking/reasoned?

Y r reportable?

Y in paragraph 2 above with l be applicable to all cases CS under the Income-tax Act, s 3.1 and 3.2 of Circular No he decision to appeal/file SLP egard to the tax effect and the into effect from the date of nd therefore shall apply to Court, High Court and Tribunal the Supreme Court, High Court withdrawn. No.09/2024 dated 17.09.2024, as clause of Circular No.5/2024, resent appeal. yer as above, and the appeal is stand dismissed as withdrawn EEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f o l t s , s n Suresh Kumar 2024.10.16 10:48 I attest to the accuracy and integrity of this document

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