COMMISSIONER OF INCOME TAX II ASR vs. M/S KANDHARI BEVERAGES PVT LTD

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ITA/204/2012HC Punjab & HaryanaPHHC01099277201215 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE ALOK JAIN2 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal allowed the prayer for withdrawal of the appeal. The reasoning was based on the provisions of Circular No. 9/2024 dated 17.09.2024, which revised the monetary limits for filing appeals. The Tribunal noted that the modifications came into effect from 17.09.2024 and are applicable to appeals to be filed as well as pending appeals. The Tribunal found that the present case did not fall within the exception clause of Circular No. 5/2024. Therefore, the Revenue was permitted to withdraw the appeal. The operative direction was to allow the withdrawal and dismiss the appeal as withdrawn. No issue was expressly left undecided.

What were the facts?

The appeal was filed by the Commissioner of Income-Tax-II, Amritsar (Revenue) against M/s Kandhari Beverages Pvt. Ltd. (Assessee). The case pertains to the assessment year(s) not specified in the judgment. The order or action under challenge is the appeal itself, which the Revenue sought to withdraw. The procedural history involves the issuance of Circular No. 9/2024 by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, dated 17.09.2024, which revised the monetary limits for filing appeals. The Revenue sought to withdraw the present appeal based on this circular.

What were the issues?

1. Whether the present appeal, filed by the Revenue, can be withdrawn in light of Circular No. 9/2024 dated 17.09.2024, which revises monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. Assessee's Contention: The Assessee, through its counsel, argued that the present appeal does not fall within the exception clause of Circular No. 5/2024 and therefore, the Revenue prays for withdrawal of the appeal. The Assessee relied on Circular No. 9/2024 dated 17.09.2024 and Circular No. 5/2024 dated 15.03.2024. Revenue's Contention: The Revenue, through its counsel, submitted that in terms of Circular No. 9/2024, the monetary limits for filing appeals have been enhanced. The Revenue stated that the modifications in the circular came into effect from 17.09.2024 and apply to appeals to be filed and also to pending appeals. The Revenue prayed for withdrawal of the present appeal.

AI-generated summary — verify with the full judgment below

ITA-204-2012 ( 215 IN T

THE COMMIS M/S KANDHA LAWRENCE R CORAM: H

H Present: M

M f

SANJEEV PR

1.

Counsel Governm Board o limits fo Court an the Circ taken w b fi af S 1 (O&M)

Page 1 of 2 THE HIGH COURT OF PUNJAB CHANDIGARH

SSIONER OF INCOME-TAX-II, A Vs. ARI BEVERAGES PVT. LTD.,4-K ROAD, AMRITSAR. **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE ALOK **** Ms. Urvashi Dhugga, Sr. Standing C Mr. Pankaj Jain, Sr. Advocate with Mr. Divya Suri and Mr. Sachin Bha for the respondent. **** RAKASH SHARMA, J.(Oral) l for the appellant submits that in t ment of India, Ministry of Finance of Direct Taxes bearing No.9/2024 for filing of the appeals by the de nd SLP/Appeals before the Suprem cular No.5/2024 has been amende with the purpose to manage litigation “ 2. As a step towards manag been decided by the Board to revise filing of appeals in Income-tax cases a aforementioned Circular as follows: Sl. No. Appeals/SLPs in Income-tax 1. Before Income Tax Appella B AND HARYANA AT H ITA-204-2012 (O&M) Date of Decision: 15.10.2024 AMRITSAR . . . . Appellant KRISHNA NAGAR, . . . . Respondent EEV PRAKASH SHARMA K JAIN Counsel for the appellant. ardwaj, Advocates terms of the Circular issued by the e, Department of Revenue, Central 4 dated 17.09.2024, the monetary epartment before the ITAT, High me Court have been enhanced and ed and following steps have been ns: gement of litigation, it has e the monetary limits for as stated in Para 4.1 of the x matters Monetary Limit (Tax effect in Rs.) te Tribunal 60 lakh

) 4 t t e l y h d n Manju 2024.10.18 10:15 I attest to the accuracy and integrity of this document

ITA-204-2012 ( 2 3 r in 1 5 s m 2. The mo Circular filed be the app which h 3. In view not fall prays fo 4. Accordi withdraw 5. All pend

October 15, 202 MANJU 1. Whether 2. Whether (O&M)

Page 2 of 2 2. Before High Court 3. Before Supreme Court

3.

Monetary limits given in regard to filing appeal/SLP shall be ncluding those relating to TDS/TCS u 1961 with exceptions as per paras 3. 5/2024 dated 15.03.2024, where the d shall be taken on merits, without regar monetary limits.”

odifications have come into effe r i.e. 17.09.2024, and therefore s fore the Supreme Court, High Cou eals pending before the Supreme have been directed to be withdrawn of aforesaid Circular No.09/2024 within the exception clause of Ci or withdrawal of the present appeal ingly, we allow the prayer as abov wn. ding applications also stand dispose

(SAN 24 speaking/reasoned?

Y reportable?

Y 2 crore 5 crore paragraph 2 above with e applicable to all cases under the Income-tax Act, .1 and 3.2 of Circular No decision to appeal/file SLP rd to the tax effect and the ect from the date of issuance of shall apply to SLPs/appeals to be urt and Tribunal and also apply to Court, High Court and Tribunal, n. dated 17.09.2024, as the case does ircular No.5/2024, learned counsel . ve, and the appeal is dismissed as ed of accordingly. NJEEV PRAKASH SHARMA) JUDGE

(ALOK JAIN) JUDGE Yes/No Yes/No

f e o , s l s Manju 2024.10.18 10:15 I attest to the accuracy and integrity of this document

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