THE PR. COMMISSIONER OF INCOME TAX FARIDABAD vs. M/S NHPC LTD

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ITA/58/2020HC Punjab & HaryanaPHHC01000104202015 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE ALOK JAIN3 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the prayer for withdrawal of the appeal. The reasoning was based on the submission by the Revenue's counsel regarding the revised monetary limits for filing appeals as per CBDT Circular No. 5/2024, as amended by Circular No. 9/2024. The Revenue stated that the present appeal did not fall within any exception to these revised limits. The Tribunal found that the appeal was to be withdrawn in view of the aforementioned circulars. Accordingly, the appeal was dismissed as withdrawn. No issue was expressly left undecided; the entire appeal was disposed of based on the withdrawal.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax (Revenue) against M/s NHPC Ltd. (Assessee). The assessment year(s) are not explicitly stated. The appeal challenges an order of the Income Tax Appellate Tribunal (ITAT). The procedural history involves the Revenue seeking to withdraw the present appeal. The Revenue's counsel submitted that the Central Board of Direct Taxes (CBDT) has enhanced the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court through Circular No. 5/2024 dated 15.03.2024, as amended by Circular No. 9/2024 dated 17.09.2024. These revised limits are intended to manage litigation. The Revenue sought to withdraw the appeal based on these 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 Whether the present appeal, filed by the Revenue, should be permitted to be withdrawn in light of the revised monetary limits for filing appeals as stipulated in CBDT Circular No. 5/2024, as amended by Circular No. 9/2024? Assessee's Contentions: The Assessee's counsel, through video conferencing, supported the withdrawal of the appeal. The judgment does not explicitly detail the Assessee's arguments beyond this support. Revenue's Contentions: The Revenue's learned Senior Standing Counsel submitted that the CBDT has enhanced the monetary limits for filing appeals before the ITAT (Rs. 60 lakh), High Court (Rs. 2 crore), and Supreme Court (Rs. 5 crore) vide Circular No. 5/2024 dated 15.03.2024, amended by Circular No. 9/2024 dated 17.09.2024. These circulars aim to manage litigation. The Revenue contended that the present appeal does not fall within any exception to the revised monetary limits and therefore, prayed for its withdrawal.

AI-generated summary — verify with the full judgment below

ITA-58-2020 (O 102-2 IN TH

THE PR. COM

M/S NHPC L CORAM: H

H Present: M

M M M M

SANJEEV P

1.

Learned bearing Direct departm Suprem been am manage l O&M) Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR

MMISSIONER OF INCOME TA Vs. LTD **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE ALO **** Mr. Varun Issar, Sr. Standing Co for the appellant/Revenue. Mr. Ved Jain, Advocate (through Mr. Viney Kumar, Advocate Mr. Nischay Kantoor, Advocate Ms. Soniya Dodeja, Advocate for the respondent/NHPC. **** RAKASH SHARMA, J.(Oral) d counsel for the appellant sub g No.9/2024 dated 17.09.2024 i Taxes, the monetary limits fo ment before the ITAT, High Cou me Court have been enhanced a mended and following steps have e litigations: “ 2. As a step towa litigation, it has been decided b AB AND HARYANA AT RH ITA-58-2020 (O&M) Date of Decision: 15.10.2024 AX FARIDABAD . . . . Appellant . . . . Respondent NJEEV PRAKASH SHARMA OK JAIN ounsel h VC) with ) bmits that in view of Circular issued by the Central Board of or filing of the appeals by the urt and SLP/Appeals before the and the Circular No.5/2024 has e been taken with the purpose to ards management of by the Board to revise

) 4 t t r f e e s o MOHIT GOYAL 2024.10.18 14:28 I attest to the accuracy and integrity of this document

ITA-58-2020 (O t c C S 1 2 3 w a t 3 w m m 2. The mo Circula be filed apply t and Tri 3. In view does n learned O&M) Page 2 of 3 the monetary limits for filing of cases as stated in Para 4.1 o Circular as follows: Sl. No. Appeals/SLPs in I matters 1. Before Income Tax Tribunal 2. Before High Court 3. Before Supreme Court

3.

Monetary limits given with regard to filing appeal/SLP all cases including those relatin the Income-tax Act, 1961 with ex 3.1 and 3.2 of Circular No 5/20 where the decision to appeal/file merits, without regard to the monetary limits.”

odifications have come into effe ar i.e. 17.09.2024, and therefore d before the Supreme Court, Hi to the appeals pending before t ibunal, which have been directed w of aforesaid Circular No.09/202 not fall within the exception d counsel prays for withdrawal of appeals in Income-tax of the aforementioned Income-tax Monetary Limit (Tax effect in Rs.) Appellate 60 lakh 2 crore 5 crore in paragraph 2 above P shall be applicable to ng to TDS/TCS under xceptions as per paras 024 dated 15.03.2024, SLP shall be taken on e tax effect and the ect from the date of issuance of e shall apply to SLPs/appeals to gh Court and Tribunal and also the Supreme Court, High Court d to be withdrawn. 24 dated 17.09.2024, as the case clause of Circular No.5/2024, f the present appeal.

f o o t e , MOHIT GOYAL 2024.10.18 14:28 I attest to the accuracy and integrity of this document

ITA-58-2020 (O 4. Accord as with 5. All pen

October 15, 20 Mohit goyal 1. Whethe 2. Whethe O&M) Page 3 of 3 dingly, we allow the prayer as ab drawn. nding applications also stand disp

(SANJ 024 r speaking/reasoned?

Y r reportable?

Y bove, and the appeal is dismissed posed of accordingly. JEEV PRAKASH SHARMA) JUDGE

(ALOK JAIN) JUDGE Yes/No Yes/No

d MOHIT GOYAL 2024.10.18 14:28 I attest to the accuracy and integrity of this document

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