PR COMMISSIONER OF INCOME TAX PATIALA vs. M/S SERVICE IRON AND ROLLING MILLS

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ITA/49/2021HC Punjab & HaryanaPHHC01025309202103 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 Revenue's prayer for withdrawal of the appeal. The Court noted that the CBDT Circular No. 9/2024, dated 17.09.2024, revised the monetary limits for filing appeals, with the enhanced limits becoming effective from the date of issuance. The Court acknowledged the Revenue's submission that the present appeal, in light of these revised limits, did not fall within the exception clause of Circular No. 5/2024. Consequently, the Court permitted the withdrawal of the appeal. All pending applications were also dismissed as withdrawn. The operative direction was to allow the withdrawal and dismiss the appeal as withdrawn.

What were the facts?

The appeal was filed by the Revenue (Pr. Commissioner of Income Tax) against M/s Service Iron and Rolling Mills for an unspecified assessment year. The appeal was before the High Court of Punjab and Haryana at Chandigarh. The Revenue sought to withdraw the appeal based on a Circular issued by the Central Board of Direct Taxes (CBDT) dated 17.09.2024, which revised monetary limits for filing appeals. The Revenue contended that the present appeal, due to the revised limits, did not meet the threshold for further litigation. The High Court was asked to allow the withdrawal.

What were the issues?

1. Whether the revised monetary limits for filing appeals, as per CBDT Circular No. 9/2024 dated 17.09.2024, are applicable to the present appeal before the High Court? Assessee's Contention: The assessee did not make any arguments as the appeal was being withdrawn by the Revenue. The judgment does not record any arguments from the assessee. Revenue's Contention: The Revenue argued that the CBDT Circular No. 9/2024, effective from 17.09.2024, has enhanced the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. They stated that the revised limits are applicable to all cases, including those relating to TDS/TCS, with certain exceptions. The Revenue submitted that the present appeal does not fall within the exception clause of Circular No. 5/2024 and therefore, it should be withdrawn as it no longer meets the monetary threshold.

Which sections of the Income-tax Act were involved?

1961

AI-generated summary — verify with the full judgment below

ITA-49-2021 (O 136 IN T

PR. COMMISS M/S SERVICE CORAM: H

H Present: M

f SANJEEV PR

1.

Counsel Governm Board o limits fo Court a Circular with the b fi af S 1 2 3 O&M) Page 1 of 2 THE HIGH COURT OF PUNJAB CHANDIGARH

SIONER OF INCOME TAX PATI Vs. E IRON AND ROLLING MILLS **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE SANJA **** Mr. Saurabh Kapoor, Sr. Standing C Ms. Pridhi Sandhu, Jr. Standing Co for the appellant/Revenue. **** RAKASH SHARMA, J.(Oral) l for the appellant submits that in t ment of India, Ministry of Finance of Direct Taxes dated 17.09.2024 for filing of the appeals by the de and SLPs before the Supreme C r No.5/2024 has been amended an e purpose to manage litigations: “ 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-49-2021 (O&M) Date of Decision: 03.10.2024 IALA . . . . Appellant . . . . Respondent EEV PRAKASH SHARMA AY VASHISTH Counsel with ounsel terms of the Circular issued by the e, Department of Revenue, Central bearing No.9/2024, the monetary epartment before the ITAT, High Court has been enhanced and the d following steps have been taken 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 e l y h e n MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document

ITA-49-2021 (O r in 1 5 s th 2. The mo Circular filed be the app which h 3. In view not fall prays fo 4. Accordi withdraw 5. All pend

October 03, 202 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 rega he 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 dismis

(SAN 24 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 apord to the tax effect and 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 sed as withdrawn accordingly. NJEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f e o , s l s MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document

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