PR COMMISSIONER OF INCOME TAX JALANDHAR vs. M/S SADHU SINGH HAMDARD TRUST

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ITA/94/2024HC Punjab & HaryanaPHHC01087670202403 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, effective from 17.09.2024, revised the monetary limits for filing appeals before the Income Tax Appellate Tribunal (Rs. 60 lakh), High Court (Rs. 2 crore), and Supreme Court (Rs. 5 crore). The Court observed that these revised limits apply to appeals to be filed after the issuance date. Since the Revenue contended that the tax effect in the present case did not meet the enhanced threshold and did not fall within the exception clauses of Circular No. 5/2024, the Court permitted the withdrawal. The operative direction was to allow the withdrawal of the appeal and dismiss it as withdrawn. All pending applications were also dismissed as withdrawn.

What were the facts?

The appeal was filed by the Revenue (Principal Commissioner of Income Tax, Jalandhar) against M/s Sadhu Singh Hamdard Trust. The case pertains to the assessment year(s) not explicitly stated but relates to the applicability of a CBDT Circular. The Revenue sought to withdraw the present appeal before the High Court. The withdrawal was based on Circular No. 9/2024 dated 17.09.2024, which revised monetary limits for filing appeals. The Revenue contended that the tax effect in this case did not meet the enhanced threshold for filing appeals before the High Court. The High Court was asked to consider the prayer for withdrawal.

What were the issues?

1. Whether the revised monetary limits for filing appeals, as stipulated in Circular No. 9/2024 dated 17.09.2024, are applicable to the present appeal before the High Court? Assessee's Contention: The judgment does not record any specific contentions from the assessee's side regarding the issues. The assessee is the respondent in this appeal. Revenue's Contention: The Revenue argued that the monetary limits for filing appeals before the High Court have been enhanced to Rs. 2 crore by Circular No. 9/2024. They contended that the tax effect in the present case does not fall within the exception clause of Circular No. 5/2024, and therefore, the appeal should be withdrawn as per the revised policy. They relied on Circular No. 9/2024 and Circular No. 5/2024.

Which sections of the Income-tax Act were involved?

1961

AI-generated summary — verify with the full judgment below

ITA-94-2024 (O 136 IN T

PR COMMISS M/S SADHU S 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

SIONER OF INCOME TAX JALA Vs. SINGH HAMDARD TRUST **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE SANJA **** Mr. Ranvijay Singh, Sr. Standing C 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-94-2024 (O&M) Date of Decision: 03.10.2024 ANDHAR . . . . Appellant . . . . Respondent EEV PRAKASH SHARMA AY VASHISTH Counsel 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-94-2024 (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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