PR. COMMISSIONER OF INCOME TAX-I, JALANDHAR vs. GURJIT KAUR

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ITA/234/2022HC Punjab & HaryanaPHHC01092269202215 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE ALOK JAIN3 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the withdrawal of the appeal. The Revenue's counsel submitted that Circular No. 9/2024, issued by the Ministry of Finance, Department of Revenue, has enhanced the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. The revised limits are Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for Supreme Court. The Revenue argued that the present appeal did not fall within the exceptions to these limits as per Circular No. 5/2024. Consequently, the Revenue prayed for the withdrawal of the appeal. The Tribunal, accepting the submission, allowed the prayer and dismissed the appeal as withdrawn. All pending applications were also disposed of accordingly.

What were the facts?

The appeal, ITA-234-2022, was filed by the Pr. Commissioner of Income Tax-I against Gurjeet Kaur. The Revenue's counsel submitted that the Ministry of Finance, Department of Revenue, issued Circular No. 9/2024 on 17.09.2024, enhancing monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. This amendment aims to manage litigation. The revised monetary limits are Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for Supreme Court. These limits apply to all cases, including TDS/TCS, except as per specific clauses in Circular No. 5/2024. The Revenue's counsel requested withdrawal of the appeal as it did not fall within the exceptions and the tax effect was below the revised limits.

What were the issues?

1. Whether the appeal filed by the Revenue falls within the revised monetary limits for filing appeals as per Circular No. 9/2024, thereby allowing for its withdrawal. Assessee's Contentions: None recorded. Revenue's Contentions: The Revenue contended that Circular No. 9/2024, dated 17.09.2024, has enhanced the monetary limits for filing appeals before the Income Tax Appellate Tribunal (ITAT), High Court, and Supreme Court. The revised limits are Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for Supreme Court. The Revenue argued that the present appeal, ITA-234-2022, does not fall within the exceptions provided in Circular No. 5/2024 and that the tax effect is below the enhanced monetary limits. Based on these revised limits, the Revenue prayed for the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

None explicitly mentioned in the provided text, beyond general reference to the Income-tax Act, 1961.

AI-generated summary — verify with the full judgment below

ITA-234-2022 ( 288-24

IN TH

PR. COMMIS

GURJEET KA 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.

AUR **** 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-234-2022 (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-234-2022 ( 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-234-2022. 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-234-2022 ( 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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