PRINCIPAL COMMISSIONER OF INCOME TAX BATHINDA vs. M/S ISHAR INFRASTRUCTURE DEVELOPERS PVT LTD BATHINDA

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ITA/306/2015HC Punjab & HaryanaPHHC01109947201503 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 the submission by the revenue's counsel regarding Circular No. 9/2024, which revised the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. The revised limits are Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for the Supreme Court. The court was informed that these modifications came into effect from 17.09.2024 and apply to appeals to be filed before these authorities, as well as appeals pending before the Supreme Court, High Court, and Tribunal. The revenue's counsel stated that the present case does not fall within the exception clause of Circular No. 5/2024, which allows for appeals to be taken on merits irrespective of the tax effect. Consequently, the court permitted the withdrawal of the appeal and dismissed it as withdrawn. All pending applications were also dismissed as withdrawn.

What were the facts?

The appellant, the Principal Commissioner of Income Tax, Bathinda, is challenging an order. The respondent is M/s Ishar Infrastructure Developer Pvt Ltd, Bathinda. The appeal is before the High Court of Punjab and Haryana at Chandigarh. The revenue's counsel submitted that a Circular No. 9/2024, dated 17.09.2024, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, has amended the monetary limits for filing appeals by the department before the ITAT, High Court, and Supreme Court. The revised limits are Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for the Supreme Court. The counsel stated that the present appeal does not fall within the exception clause of Circular No. 5/2024, which pertains to cases where decisions are taken on merits regardless of tax effect.

What were the issues?

1. Whether the revised monetary limits for filing appeals by the revenue, as stipulated in Circular No. 9/2024 dated 17.09.2024, are applicable to the present appeal, considering it does not fall under the exceptions mentioned in Circular No. 5/2024. Assessee's Contention: The assessee (respondent) has not recorded any specific contentions in the judgment. However, the revenue's counsel's submission implies that the assessee would likely support the withdrawal of the appeal based on the revised monetary limits. Revenue's Contention: The revenue's counsel submitted that in terms of Circular No. 9/2024, the monetary limits for filing appeals have been enhanced. The counsel further stated that the present appeal does not fall within the exception clause of Circular No. 5/2024, and therefore, the revenue prays for the withdrawal of the present appeal.

Which sections of the Income-tax Act were involved?

1961

AI-generated summary — verify with the full judgment below

ITA-306-2015 ( 136 IN T

PRINCIPAL C M/S ISHAR IN 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

COMMISSIONER OF INCOME TA Vs. NFRASTRUCTURE DEVELOPER **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE SANJA **** Ms. Urvashi Dhugga, 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-306-2015 (O&M) Date of Decision: 03.10.2024 AX BATHINDA . . . . Appellant RS PVT LTD BATHINDA . . . . 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 11:58 I attest to the accuracy and integrity of this document

ITA-306-2015 ( 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 11:58 I attest to the accuracy and integrity of this document

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