PR. COMMISSIONER OF INCOME TAX PANCHKULA vs. LAKHSMI CHANDER GUPTA

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ITA/31/2021HC Punjab & HaryanaPHHC01047127202111 November 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 The Court noted that the Revenue's counsel submitted that the appeal was being withdrawn in terms of CBDT Circular No. 9/2024 dated 17.09.2024. This circular revises the monetary limits for filing appeals by the department. The revised limit for appeals before the High Court is Rs. 2 crore. The Revenue argued that the present appeal, filed after the effective date of the circular, did not fall within the exception clauses of Circular No. 5/2024. Consequently, the Revenue prayed for withdrawal. The Court found merit in this submission and allowed the prayer, dismissing the appeal as withdrawn. All pending applications were also disposed of accordingly. The Court did not decide the appeal on its merits.

What were the facts?

The appeal was filed by the Revenue, the Pr. Commissioner of Income Tax, PAN Chandigarh, against the respondent, Lakshmi Chander Gupta (HUF). The appeal was before the High Court of Punjab and Haryana at Chandigarh. The Revenue's counsel submitted that the appeal was being withdrawn in terms of Circular No. 9/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes (CBDT). This circular revises monetary limits for filing appeals by the department before various authorities, including the Income Tax Appellate Tribunal, High Court, and Supreme Court. The revised monetary limit for appeals before the High Court is Rs. 2 crore. The Revenue's counsel stated that the present appeal, filed after the effective date of the circular, did not fall within the exception clause of Circular No. 5/2024, which allows appeals to be decided on merits regardless of tax effect.

What were the issues?

1. Whether the appeal filed by the Revenue is to be withdrawn in light of CBDT Circular No. 9/2024, which revises monetary limits for filing appeals. - Assessee's Contention: Not applicable as the judgment records no specific contention from the assessee regarding this issue. The assessee is represented by Ms. Muskaan Gupta, Advocate. - Revenue's Contention: The Revenue, through its counsel Mr. Saurabh Kapoor, Sr. Standing Counsel, argued that the appeal should be withdrawn as per Circular No. 9/2024, which sets a monetary limit of Rs. 2 crore for appeals before the High Court. The appeal was filed after the effective date of the circular (17.09.2024) and does not fall under any exception. The Revenue relies on Circular No. 9/2024 and Circular No. 5/2024.

Which sections of the Income-tax Act were involved?

Not specified in the judgment

AI-generated summary — verify with the full judgment below

ITA-31-2021 (O 217-2 IN T PR. COMMISS LAKSHMI CH CORAM: H

H Present: M M M f

SANJEEV PR

1.

Counsel No.9/20 the mon ITAT, H enhance have be b fi af S 1 2 3 O&M) Page 1 of 2 THE HIGH COURT OF PUNJAB CHANDIGARH

SIONER OF INCOME TAX, PAN Vs. HANDER GUPTA (HUF) **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE SANJA **** Mr. Saurabh Kapoor, Sr. Standin Ms. Pridhi Sandhu, Jr. Standing C Ms. Muskaan Gupta, Advocate for the appellant/Revenue. **** RAKASH SHARMA, J.(Oral) l for the appellant submits that 024 dated 17.09.2024 issued by th netary limits for filing of the appe High Court and SLP/Appeals befo ed and the Circular No.5/2024 has b en taken with the purpose to manag “ 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-31-2021 (O&M) Date of Decision: 11.11.2024 NCHKULA . . . . Appellant . . . . Respondent EEV PRAKASH SHARMA AY VASHISTH ng Counsel with Counsel in terms of the Circular bearing he Central Board of Direct Taxes, eals by the department before the ore the Supreme Court have been been amended and following steps ge litigations: 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 g , e n s MOHIT GOYAL 2024.11.12 12:16 I attest to the accuracy and integrity of this document

ITA-31-2021 (O 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

November 11, 2 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 dispose

(SAN 2024 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 ed of accordingly. NJEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f e o , s l s MOHIT GOYAL 2024.11.12 12:16 I attest to the accuracy and integrity of this document

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