PRINCIPAL COMMISSIONER OF INCOME TAX KARNAL vs. M/S GOEL INTERNATIONAL PVT LTD

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ITA/442/2019HC Punjab & HaryanaPHHC01094273201919 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 Circular No. 09/2024 dated 17.09.2024, issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, had revised the monetary limits for filing appeals before the Income Tax Appellate Tribunal, High Court, and Supreme Court. The revised limit for appeals before the High Court was Rs. 2 crore. The court observed that the present case did not fall within the exception clauses of Circular No. 5/2024. Consequently, the court permitted the withdrawal of the appeal, dismissing it as withdrawn. All pending applications were also disposed of accordingly. The principle derived is that appeals can be withdrawn if they no longer meet the revised monetary limits set by the CBDT, provided they do not fall under any specified exceptions.

What were the facts?

The appellant, Principal Commissioner of Income Tax, filed an appeal before the High Court of Punjab and Haryana against an order concerning M/s Galaxy Rice Industries Pvt. Ltd. The appeal, bearing number ITA-444-2019 (O&M), was decided on November 19, 2024. The appellant's counsel submitted that a Circular No. 09/2024, issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes on September 17, 2024, had revised the monetary limits for filing appeals. The appellant's counsel further stated that the present case did not fall within the exception clauses of Circular No. 5/2024 and therefore prayed for the withdrawal of the appeal.

What were the issues?

1. Whether the revised monetary limits for filing appeals, as stipulated in Circular No. 09/2024 dated 17.09.2024, are applicable to the present appeal. Assessee's Contention: The assessee's counsel argued that the present appeal does not fall within the exception clause of Circular No. 5/2024 and, in light of the revised monetary limits introduced by Circular No. 09/2024, prayed for the withdrawal of the appeal. Revenue's Contention: The judgment does not record any specific contention from the revenue's side regarding the applicability of the circulars or the merits of the appeal. The revenue's counsel supported the prayer for withdrawal based on the circular.

AI-generated summary — verify with the full judgment below

211(2)

Principal Com

M/s Galaxy R

CORAM: H

Present: M

M SANJEEV P 1.

C No.9/2024, da Finance, Dep monetary lim High Court an Circular No.5 with the purpo “ d a a S 1 IN THE HIGH COURT O AT CHANDIGA I D mmissioner of Income Tax, Karn

Vs. Rice Industries Pvt. Ltd. HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN Mr. Gauri Neo Rampal, Sr. Stand Ms. Parnika Singla, Advocate for

***

RAKASH SHARMA, J.(Oral) Counsel for the appellant submi ated 17.09.2024, issued by the G partment of Revenue, Central its for filing of the appeals by th nd SLPs before the Supreme Co 5/2024 has been amended and f ose to manage litigations: “ 2. As a step towards manage decided by the Board to revise t appeals in Income-tax cases a aforementioned Circular as follo Sl. No. Appeals/SLPs in Incom ters 1. Before Income Tax App bunal OF PUNJAB AND HARYANA ARH ITA-444-2019 (O&M) Date of Decision: 19.11.2024 nal

…Appellant

…Respondent NJEEV PRAKASH SHARMA NJAY VASHISTH ding Counsel for the appellant. r the respondent. ) its that in terms of the Circular Government of India, Ministry of Board of Direct Taxes, the he department before the ITAT, ourt has been enhanced and the following steps have been taken ement of litigation, it has been the monetary limits for filing of as stated in Para 4.1 of the ows: me-tax mat- Monetary Limit (Tax effect in Rs.) pellate Tri- 60 lakh r f e , e n n f e RAJESH KUMAR 2024.11.20 15:22 I attest the accuracy and authenticity of this order/judgment.

ITA-444-2019 (O&M)

[2] 2. Before High Court 2 crore 3. Before Supreme Court 5 crore

3.

Monetary limits given in paragraph 2 above with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, 1961 with exceptions as per paras 3.1 and 3.2 of Circular No 5/2024 dated 15.03.2024, where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits.”

The modifications have come into effect from the date of issuance of Circular i.e. 17.09.2024, and therefore shall apply to SLPs/appeals to be filed before the Supreme Court, High Court and Tribunal and also apply to the appeals pending before the Supreme Court, High Court and Tribunal, which have been directed to be withdrawn. 3.

In view of aforesaid Circular No.09/2024 dated 17.09.2024, as the case does not fall within the exception clause of Circular No.5/2024, learned counsel prays for withdrawal of the present appeal. 4.

Accordingly, we allow the prayer as above, and the appeal is dismissed as withdrawn. 5.

All pending applications also stand disposed of accordingly.

(SANJEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) 19.11.2024

JUDGE rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable?

: Yes/No RAJESH KUMAR 2024.11.20 15:22 I attest the accuracy and authenticity of this order/judgment.

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