THE PR. COMMISSIONER OF INCOME TAX, PATIALA vs. M/S PUNJAB STATE POWER CORPORATION LTD. CHEF FINANCIAL OFFICER, PATIALA

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ITA/31/2020HC Punjab & HaryanaPHHC01128682201915 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 Revenue's counsel submitted that the monetary limits for filing appeals have been enhanced by the Ministry of Finance through Circular No. 9/2024 dated 17.09.2024. The revised limits for filing appeals before the Income Tax Appellate Tribunal, High Court, and Supreme Court are Rs. 60 lakh, Rs. 2 crore, and Rs. 5 crore respectively. These enhanced limits are applicable to all cases, including those relating to TDS/TCS, with exceptions as per Circular No. 5/2024. The Revenue stated that the present appeal does not fall within any of the exceptions. Accordingly, the Tribunal permitted the withdrawal of the appeal. The operative direction was to dismiss the appeal as withdrawn, and all pending applications were also disposed of accordingly.

What were the facts?

The appeal, ITA-31-2020, was filed by the Pr. Commissioner of Income Tax, Punjab State Power Corporation Ltd. The Revenue's counsel submitted that the monetary limits for filing appeals have been enhanced by the Ministry of Finance, Department of Revenue, through Circular No. 9/2024 dated 17.09.2024. This circular revises the monetary limits for filing appeals in income-tax cases before the Income Tax Appellate Tribunal (Rs. 60 lakh), High Court (Rs. 2 crore), and Supreme Court (Rs. 5 crore). These enhanced limits are applicable to all cases, including those relating to TDS/TCS, with certain exceptions. The Revenue's counsel stated that the present appeal does not fall within any exception and therefore, prayed for withdrawal of the appeal.

What were the issues?

1. Whether the appeal, ITA-31-2020, filed by the Revenue, should be permitted to be withdrawn in light of the revised monetary limits for filing appeals as per Circular No. 9/2024 dated 17.09.2024. Assessee's Contentions: Not recorded in the judgment. Revenue's Contentions: The Revenue contended that Circular No. 9/2024, issued by the Ministry of Finance, Department of Revenue, has enhanced the monetary limits for filing appeals before the Income Tax Appellate Tribunal, High Court, and Supreme Court. The revised limits are Rs. 60 lakh for the Tribunal, Rs. 2 crore for the High Court, and Rs. 5 crore for the Supreme Court. These revised limits are effective from 17.09.2024 and apply to all cases, including those relating to TDS/TCS, unless an exception applies. The Revenue argued that the present appeal, ITA-31-2020, does not fall within any of the exceptions mentioned in Circular No. 5/2024 and therefore, it should be withdrawn.

AI-generated summary — verify with the full judgment below

ITA-31-2020 (O 288-15

IN TH

PR. COMMIS PUNJAB STA PATIALA CORAM: H

H Present: M

M M M

SANJEEV P

1.

Counse No.9/20 Ministr Taxes, before Court O&M) Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR

***

SSIONER OF INCOME TAX, P Vs.

ATE POWER CORPORATION **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE ALO ****

Mr. Saurabh Kapoor, Sr. Standin for the appellant/Revenue. Ms. Radhika Suri, Sr. Advocate w Ms. Parnika Singla, Advocate an Mr. Abhinav Narang, Advocate for the respondent. ****

RAKASH SHARMA, J.(Oral) el for the appellant submits that 024 dated 17.09.2024 issued ry of Finance, Department of Re the monetary limits for filing o the ITAT, High Court and SLP have been enhanced and the

AB AND HARYANA AT RH ITA-31-2020 (O&M) Date of Decision: 15.10.2024 PATIALA . . . . Appellant LTD., . . . . Respondent NJEEV PRAKASH SHARMA OK JAIN ng Counsel with nd ) in terms of the Circular bearing by the Government of India, evenue, Central Board of Direct f the appeals by the department Ps/Appeals before the Supreme Circular No.5/2024 has been

) 4 t

t g , t t e n PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

ITA-31-2020 (O amende manage h fo 4 S 1 2 3 r in A C to to 2. The mo Circula be filed apply t and Tri 3. In view does n learned O&M) Page 2 of 3 ed and following steps have b e litigations: “ 2. As a step towards man has been decided by the Board to re for filing of appeals in Income-tax 4.1 of the aforementioned Circular Sl. No. Appeals/SLPs in Income-t 1. Before Income

Tax Tribunal 2. Before High Court 3. Before Supreme Court

3.

Monetary limits given in p regard to filing appeal/SLP shall be ncluding those relating to TDS/TC Act, 1961 with exceptions as per Circular No 5/2024 dated 15.03.20 o appeal/file SLP shall be taken on o the tax effect and the monetary li

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

been taken with the purpose to nagement of litigation, it evise the monetary limits cases as stated in Para as follows: tax matters Monetary Limit (Tax effect in Rs.) Appellate 60 lakh 2 crore 5 crore paragraph 2 above with e applicable to all cases CS under the Income-tax r paras 3.1 and 3.2 of 024, where the decision n merits, without regard imits.” 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 appeal No.ITA-31-2020.

o f o o t e , PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

ITA-31-2020 (O 4. Accord as with 5. All pen

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

(SANJ 024 her speaking/reasoned?

her reportable?

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

(ALOK JAIN) JUDGE Yes/No Yes/No

d PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

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