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

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ITA/338/2017HC Punjab & HaryanaPHHC01117545201714 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the Revenue's prayer for withdrawal of the appeal. The reasoning was based on the applicability of CBDT Circular No. 9/2024 dated 17.09.2024, which revised the monetary limits for filing appeals. The Tribunal noted that the Revenue had submitted that the present case did not fall within the exceptions to the Circular. Consequently, the Tribunal permitted the withdrawal of the appeal. The operative direction was that the appeal is dismissed as withdrawn. All pending applications were also dismissed as withdrawn. The Tribunal did not decide the merits of the case.

What were the facts?

The appellant, the Principal Commissioner of Income Tax, Panchkula, sought to withdraw the present appeal (ITA-338-2017) filed against M/s Yamuna Power & Infrastructure Ltd., Jagadhari. 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 in income-tax cases before various appellate authorities, including the Income Tax Appellate Tribunal (ITAT), High Courts, and the Supreme Court. The circular aimed to manage litigation by setting higher monetary thresholds for appeals. The assessee's counsel had submitted that the case did not fall within any exceptions to the revised monetary limits.

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 Whether the present appeal, filed by the Revenue, should be permitted to be withdrawn in light of the revised monetary limits for filing appeals as per CBDT Circular No. 9/2024 dated 17.09.2024? The Revenue contended that the Circular No. 9/2024, dated 17.09.2024, has amended the monetary limits for filing appeals. The Revenue submitted that the present case does not fall within the exceptions provided in the Circular and therefore, it prayed for the withdrawal of the appeal. The Revenue relied on the aforementioned Circular. The Assessee did not present any arguments as the appeal was filed by the Revenue.

AI-generated summary — verify with the full judgment below

238-4 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-338-2017 (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-338-2017 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 7 (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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