PR. COMMISSIONER OF INCOME TAX, PANCHKULA vs. M/S YAMUNA POWER & INFRASTRUCTURE LTD.

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ITA/328/2016HC Punjab & HaryanaPHHC01110533201614 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 of the assessee to withdraw the appeal. The court noted that the revised monetary limits for filing appeals, as per Circular No. 9/2024 dated 17.09.2024, are applicable to all cases, including those pending before the Supreme Court, High Court, and Tribunal. The court also acknowledged that the present case did not fall within the exceptions to these monetary limits as per Circular No. 5/2024. Consequently, the appeal was dismissed as withdrawn. All pending applications were also disposed of accordingly.

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 matter before the High Court was concerning the monetary limits for filing appeals by the Income Tax Department. The Department submitted that the Government of India, Ministry of Finance, Central Board of Direct Taxes (CBDT) issued Circular No. 9/2024 dated 17.09.2024, revising 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 the Supreme Court. These revised limits are applicable to all cases, including those relating to TDS/TCS under the Income-tax Act, 1961, with certain exceptions.

What were the issues?

1. Whether the revised monetary limits for filing appeals, as stipulated in Circular No. 9/2024 dated 17.09.2024, are applicable to the present appeal. (Question of law) 2. Whether the present appeal falls within the exceptions provided in Circular No. 5/2024, which allows for appeals to be taken on merits irrespective of monetary limits. (Question of mixed law and fact) Assessee's Contention: The learned counsel for the assessee submitted that the present case does not fall within the exceptions to the revised monetary limits. Therefore, the assessee prays for the withdrawal of the present appeal. Revenue's Contention: The judgment does not record any specific contentions made by the revenue regarding the applicability of the circular or the merits of the appeal.

AI-generated summary — verify with the full judgment below

238-3 IN

PR. COMMIS M/S YAMUNA

CORAM: H

Present: M M f

* SANJEEV PR

1.

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-328-2016 (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-328-2016 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)

3.

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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