COMMISSIONER OF INCOME TAX-I LUDHIANA vs. M/S SAFARI BIKE LTD

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ITA/430/2014HC Punjab & HaryanaPHHC01109586201403 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 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 in terms of Circular No. 9/2024, the monetary limits for filing appeals have been enhanced. The counsel stated that the present case does not fall within the exception clause of Circular No. 5/2024 and therefore, prayed for withdrawal of the appeal. The Tribunal, in view of the aforesaid Circular No. 9/2024, allowed the prayer and dismissed the appeal as withdrawn. All pending applications were also disposed of as withdrawn. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The appeal was filed by the Revenue against an order of the Income Tax Appellate Tribunal (ITAT). The Revenue's counsel submitted that a Circular No. 9/2024, dated September 17, 2024, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, has amended the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court. The revised monetary 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 these modifications are effective from the date of issuance of the circular and apply to appeals to be filed. The Revenue further submitted that in view of the aforesaid Circular No. 9/2024, the present case does not fall within the exception clause of Circular No. 5/2024, and therefore, prayed for withdrawal of the appeal.

What were the issues?

1. Whether the revised monetary limits for filing appeals as per Circular No. 9/2024 are applicable to the present appeal, which was filed prior to the issuance of the circular but is being considered after its effective date. Assessee's Contention: The assessee did not make any specific arguments as the appeal was withdrawn by the Revenue. However, the Revenue's counsel argued that the present appeal does not fall within the exception clause of Circular No. 5/2024 and, in light of Circular No. 9/2024, it should be withdrawn. 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, not meeting the revised thresholds, should be withdrawn. They relied on Circular No. 9/2024 and Circular No. 5/2024.

AI-generated summary — verify with the full judgment below

ITA-430-2014 ( 136 IN T

COMMISSION M/S SAFARI B 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

NER OF INCOME TAX-I LUDHI Vs. BIKE LTD **** 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-430-2014 (O&M) Date of Decision: 03.10.2024 IANA . . . . 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 11:58 I attest to the accuracy and integrity of this document

ITA-430-2014 ( 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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