THE COMMISSIONER OF INCOME TAX, CHD. vs. M/S MANAV MANGAL SOCIETY, CHD.

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ITA/93/2022HC Punjab & HaryanaPHHC01001418202203 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 prayer for withdrawal of the appeal. The Court noted that Circular No. 9/2024, issued by the Central Board of Direct Taxes on September 17, 2024, revised the monetary limits for filing appeals before the Income Tax Appellate Tribunal, High Court, and Supreme Court. The revised limits are Rs. 60 lakh, Rs. 2 crore, and Rs. 5 crore, respectively. The Court observed that these revised limits are effective from the date of issuance and apply to appeals to be filed and those pending. Since the present appeal did not fall within the exception clauses of Circular No. 5/2024, the Revenue's counsel prayed for its withdrawal. The Court found merit in the submission and accordingly allowed the withdrawal. All pending applications were also dismissed as withdrawn.

What were the facts?

The Revenue, represented by the Commissioner of Income Tax, filed an appeal before the High Court of Punjab and Haryana against an order concerning M/s Manav Mangal Society. The appeal was filed under the Income-tax Act. The Revenue's counsel submitted that a Circular No. 9/2024, issued by the Central Board of Direct Taxes on September 17, 2024, amended the monetary limits for filing appeals. The revised limits are Rs. 60 lakh for the Income Tax Appellate Tribunal, Rs. 2 crore for the High Court, and Rs. 5 crore for the Supreme Court. These limits are effective from the date of issuance and apply to appeals to be filed and those pending before these authorities. The counsel stated that the present appeal does not fall within the exceptions provided in Circular No. 5/2024 and therefore prayed for its withdrawal.

What were the issues?

1. Whether the revised monetary limits for filing appeals, as stipulated in Circular No. 9/2024 dated September 17, 2024, are applicable to the present appeal before the High Court, thereby permitting its withdrawal? Assessee's Contention: The judgment does not record any specific contentions from the assessee. The matter proceeded based on the Revenue's submission and prayer. Revenue's Contention: The Revenue contended that Circular No. 9/2024, effective from September 17, 2024, has enhanced the monetary limits for filing appeals. The present appeal's tax effect does not fall within the exceptions mentioned in Circular No. 5/2024, warranting its withdrawal. The Revenue relied on Circular No. 9/2024 and Circular No. 5/2024.

AI-generated summary — verify with the full judgment below

ITA-93-2022 (O 136 IN T

THE COMMIS M/S MANAV CORAM: H

H Present: M

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

SSIONER OF INCOME TAX, CH Vs. MANGAL SOCIETY, CHD. **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE SANJA **** Mr. Varun Issar, Sr. Standing Coun 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- 93-2022 (O&M) Date of Decision: 03.10.2024 HD. . . . . Appellant . . . . Respondent EEV PRAKASH SHARMA AY VASHISTH nsel 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 11:59 I attest to the accuracy and integrity of this document

ITA-93-2022 (O r in 1 5 s m 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 regar 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 rd to the tax effect and the 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 11:59 I attest to the accuracy and integrity of this document

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