PR. COMMISSIONER OF INCOME TAX-1, CHANDIGARH vs. SH. ANIL TALWAR, SCF- 14-15, SECTOR 22-D, CHANDIGARH

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ITA/407/2018HC Punjab & HaryanaPHHC01119274201811 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 of the counsel for the appellant (Revenue) to withdraw the appeal. The Court noted that Circular No. 5/2024 dated 17.09.2024 has been issued by the CBDT to manage litigation by enhancing the monetary limits for filing appeals. The revised limits are Rs. 60 lakh for appeals before the ITAT, Rs. 2 crore before the High Court, and Rs. 5 crore before the Supreme Court. These limits are applicable to all cases, including those relating to TDS/TCS, with certain exceptions. The Court found that the present appeal did not fall within any of the exceptions to the circular. Consequently, the appeal was dismissed as withdrawn. All pending applications were also disposed of accordingly.

What were the facts?

The present appeal was filed by the Principal Commissioner of Income Tax-1, Chandigarh (Revenue) against Sh. Anil Talwar (Assessee) for the Assessment Year not specified. The appeal was filed before the High Court. The Revenue sought to withdraw the appeal based on a Circular No. 5/2024 dated 17.09.2024 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes. This circular enhanced the monetary limits for filing appeals and Special Leave Petitions (SLPs) before the ITAT, High Court, and Supreme Court, with the objective of managing litigation. The circular stipulated revised monetary limits for appeals before the Income Tax Appellate Tribunal (Rs. 60 lakh), High Court (Rs. 2 crore), and Supreme Court (Rs. 5 crore).

What were the issues?

1. Whether the appeal, filed by the Revenue, should be withdrawn in light of Circular No. 5/2024 enhancing monetary limits for filing appeals before the High Court, as per Section 260A of the Income Tax Act, 1961? The Revenue argued that Circular No. 5/2024 has been issued to manage litigation and has enhanced the monetary limits for filing appeals. It contended that the appeal, if not falling within the exceptions mentioned in the circular, should be withdrawn. The Revenue relied on Circular No. 5/2024 dated 17.09.2024. The Assessee argued that the case does not fall within the exceptions to the circular and therefore, the appeal should be withdrawn.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

213 IN THE H

Pr. Commission

Sh. Anil Talwar Chandigarh

CORAM: HON

HON

Present: Mr Dep

SANJEEV PRA

Lea Circular issued b Revenue, Centra the enhancemen before the ITAT amended and th have been taken dec app afor HIGH COURT OF PUNJAB AN AT CHANDIGARH

ITA-407-

Date of D

ner of Income Tax-1, Chandigarh

Versus r, SCF-14-15, Sector 22-D,

N’BLE MR.JUSTICE SANJEE N’BLE MR. JUSTICE SANJA . Yogesh Putney, Sr. Stand partment. . Gurdeep Singh, Advocate for t ***

AKASH SHARMA, J. (ORAL) arned counsel for the appellan by the Government of India, Min al Board of Direct Taxes dated nt of monetary limits for filing o T, High Court and SLPs before he Circular No.5/2024 has been n with the purpose to manage litig “ 2. As a step towards manag cided by the Board to revise the peals in Income-tax cases as rementioned Circular as follows: ND HARYANA -2018 (O&M) Decision : 11.11.2024 h

…Appellant

….Respondent EV PRAKASH SHARMA AY VASHISTH ding counsel for Income Tax the respondent. ) nt submits that in terms of the nistry of Finance, Department of 17.09.2024 bearing No.9/2024, of the appeals by the department e the Supreme Court have been n amended and following steps gations: gement of litigation, it has been e monetary limits for filing of stated in Para 4.1 of the

x e f , t n s PUSHPINDER SAINI 2024.11.12 09:49 I attest to the accuracy and integrity of this document

ITA-407-2019

Sr. No. A 1. B 2. B 3. B filin rela as p whe with 2.

The of Circular i.e. 1 before the Supr appeals pending may have been d 3.

Lea exception, as th No.5/2024. Thu 4.

Acc and the appeal s 5.

All accordingly.

November 11, 2 ps

-2-

Appeals/SLPs in Income-tax matte Before Income Tax Appellate Tribun Before High Court Before Supreme Court

3.

Monetary limits given in par ng appeal/SLP shall be applicabl ating to TDS/TCS under the Income per paras 3.1 and 3.2 of Circular ere the decision to appeal/file SL hout regard to the tax effect and the

e modifications have come into 17.09.2024, and therefore shall a reme Court, High Court and T g before the Supreme Court, H directed to be withdrawn. arned counsel relies on the circu he case does not fall within th s, he prays for withdrawal of the cordingly, we allowed the pray tands dismissed as withdrawn. l pending applications also s

(SAN

2024

Whether speaking/ reasoned Whether reportable

ers Monetary Limit (Tax effect in Rs.) nal 60 lakh 2 crore 5 crore ragraph 2 above with regard to le to all cases including those e-tax Act, 1961 with exceptions r No 5/2024 dated 15.03.2024, LP shall be taken on merits, e monetary limits.” effect from the date of issuance apply to SLPs/appeals to be filed Tribunal and also apply to the High Court and Tribunal, which ular and submits that there is no he exception clause of Circular e present appeal. yer of counsel for the appellant, stand dismissed as withdrawn NJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE : Yes/No : Yes/No e d e h o r , n PUSHPINDER SAINI 2024.11.12 09:49 I attest to the accuracy and integrity of this document

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