PR. COMMISSIONER OF INCOME TAX-1, LUDHIANA vs. JATINDER KUMAR JAIN

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ITA/268/2022HC Punjab & HaryanaPHHC01120095202203 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the prayer for withdrawal of the appeal. The Court noted that Circular No. 9/2024, effective from 17.09.2024, has revised the monetary limits for filing appeals before the High Court to Rs. 2 crore. The Court observed that the present case does not fall within the exception clause of Circular No. 5/2024. Consequently, the Revenue's prayer for withdrawal was granted. The appeal was dismissed as withdrawn. All pending applications were also disposed of as withdrawn. The Court did not decide the merits of the appeal.

What were the facts?

This case involves an appeal by the Revenue (Pr. Commissioner of Income Tax-1, Ludhiana) against Jatinder Kumar Jain for the assessment year(s) not specified. The appeal is before the High Court of Punjab and Haryana at Chandigarh. The Revenue sought to withdraw the appeal based on a Circular No. 9/2024 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, dated 17.09.2024. This circular revised the monetary limits for filing appeals by the department before the ITAT, High Court, and Supreme Court to manage litigation. The revised monetary limit for appeals before the High Court is Rs. 2 crore. The Revenue contended that the present appeal's tax effect did not fall within the exception clause of Circular No. 5/2024 and therefore prayed for withdrawal.

What were the issues?

1. Whether the appeal filed by the Revenue is to be withdrawn in light of Circular No. 9/2024 issued by the CBDT, which revises the monetary limits for filing appeals before the High Court? Assessee's Arguments: The assessee's arguments are not recorded in the judgment. The judgment states that the learned counsel for the assessee prays for withdrawal of the appeal. Revenue's Arguments: The Revenue, through its Senior Standing Counsel, submitted that Circular No. 9/2024, dated 17.09.2024, has enhanced the monetary limits for filing appeals before the High Court to Rs. 2 crore. The Revenue contended that the present appeal's tax effect does not fall within the exception clause of Circular No. 5/2024 and therefore, it should be withdrawn. They relied on the amended Circular No. 9/2024 for the purpose of managing litigations.

AI-generated summary — verify with the full judgment below

ITA-268-2022 ( 136 IN T

PR. COMMISS JATINDER KU CORAM: H

H Present: M

SANJEEV PR

1.

Counsel Governm Board o limits fo Court a Circular with the b fi af S 1 2 3

(O&M)

Page 1 of 2 THE HIGH COURT OF PUNJAB CHANDIGARH

SIONER OF INCOME TAX-1, LU Vs. UMAR JAIN **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE SANJA **** Mr. Ranvijay Singh, Sr. Standing C for the appellant/Revenue. **** RAKASH SHARMA, J.(Oral) l for the appellant submits that in t ment of India, Ministry of Finance of Direct Taxes dated 17.09.2024 for filing of the appeals by the de and SLPs before the Supreme C r No.5/2024 has been amended an e purpose to manage litigations: “ 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 2. Before High Court 3. Before Supreme Court B AND HARYANA AT H ITA-268-2022 (O&M) Date of Decision: 03.10.2024 UDHIANA . . . . Appellant . . . . Respondent EEV PRAKASH SHARMA AY VASHISTH Counsel terms of the Circular issued by the e, Department of Revenue, Central bearing No.9/2024, the monetary epartment before the ITAT, High Court has been enhanced and the d following steps have been taken 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 2 crore 5 crore

) 4 t t e l y h e n MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document

ITA-268-2022 ( 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 03, 202 Mohit goyal 1. Whether 2. Whether

(O&M)

Page 2 of 2

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 dismis

(SAN 24 speaking/reasoned?

Y reportable?

Y 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 sed as withdrawn accordingly. NJEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f e o , s l s MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document

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