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

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ITA/229/2016HC Punjab & HaryanaPHHC01110423201614 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 of the Revenue to withdraw the present appeal. The reasoning was based on the application of CBDT Circular No. 9/2024 dated September 17, 2024. The circular revised the monetary limits for filing appeals before the Income Tax Tribunal, High Courts, and the Supreme Court. The Tribunal noted that the modifications came into effect from the date of issuance of the circular and therefore apply to all appeals pending before the Supreme Court, High Court, and Tribunal. Since the present case did not fall within the exceptions to the monetary limits as per Circular No. 5/2024, the Revenue's request for withdrawal was acceded to. The appeal was accordingly dismissed as withdrawn. The Tribunal also directed that all pending applications stand dismissed as withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Panchkula against M/s Yamuna Power & Infrastructure Ltd., Jagadhari. The appeal pertains to assessment year(s) not explicitly stated in the provided text. The Revenue sought to withdraw the present appeal. The withdrawal was based on a Circular No. 9/2024 issued by the Central Board of Direct Taxes (CBDT) on September 17, 2024, which revised the monetary limits for filing appeals and Special Leave Petitions (SLPs) before the Income Tax Appellate Tribunal (ITAT), High Courts, and the Supreme Court. The circular aimed at managing litigation. The revised monetary limits for appeals before the ITAT are Rs. 60 lakh, before the High Court are Rs. 2 crore, and before the Supreme Court are Rs. 5 crore. The circular also states that these limits apply to all cases, including those relating to TDS/TCS under the Income-tax Act, 1961, with exceptions as per specific paragraphs of Circular No. 5/2024.

What were the issues?

1. Whether the present appeal, filed by the Revenue, should be permitted to be withdrawn in light of the revised monetary limits stipulated in CBDT Circular No. 9/2024 dated September 17, 2024? (Question of law and fact, turning on the application of the circular). Assessee's Contention: The learned counsel for the assessee submitted that in terms of the Circular No. 9/2024, the monetary limits for filing appeals have been revised. The counsel further submitted that the present case does not fall within any of the exceptions mentioned in the circular. Therefore, the assessee prays for the withdrawal of the present appeal. Revenue's Contention: The Revenue, through its counsel, submitted that in terms of the aforementioned Circular No. 9/2024, the monetary limits for filing appeals have been amended. The counsel prayed for the withdrawal of the present appeal in view of the circular.

Which sections of the Income-tax Act were involved?

Section 1961

AI-generated summary — verify with the full judgment below

238 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-229-2016 (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-229-2016 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 6 (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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