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

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ITA/457/2019HC Punjab & HaryanaPHHC01128697201915 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE ALOK JAIN3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the prayer made by the Revenue's counsel. The Court noted that Circular No. 9/2024 dated 17.09.2024, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, has enhanced 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 are effective from 17.09.2024 and apply to all appeals and SLPs, including those pending before the Supreme Court, High Court, and Tribunal, unless specific exceptions apply as per Circular No. 5/2024. The Revenue's counsel specifically prayed for the withdrawal of the appeal, ITA-457-2019, based on this circular. The Court found no reason to disallow the withdrawal. Accordingly, the appeal was permitted to be withdrawn, and all pending applications were also disposed of.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Patiala against Punjab State Power Corporation Ltd. The Revenue, represented by its counsel, submitted that the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, had issued Circular No. 9/2024 dated 17.09.2024. This circular enhanced the monetary limits for filing appeals before the Income Tax Appellate Tribunal (ITAT), High Court, and Supreme Court. The enhanced limits are Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for the Supreme Court. The Revenue argued that these modifications, effective from 17.09.2024, apply to all appeals and SLPs, including those pending before the Supreme Court, High Court, and ITAT, unless they fall under specific exceptions mentioned in Circular No. 5/2024. The Revenue's counsel prayed for the withdrawal of the present appeal.

What were the issues?

1. Whether the appeal, filed by the Revenue, should be permitted to be withdrawn in light of the enhanced monetary limits for filing appeals as per Circular No. 9/2024 dated 17.09.2024. Assessee's Contention: The judgment does not record any specific contentions from the respondent/assessee. The respondent was represented by senior advocates. Revenue's Contention: The Revenue contended that Circular No. 9/2024 dated 17.09.2024, which revises the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court, has come into effect. The enhanced limits are Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for the Supreme Court. The Revenue argued that these limits apply to all pending appeals and SLPs, except those falling under specific exceptions in Circular No. 5/2024. The Revenue prayed for the withdrawal of the present appeal, ITA-457-2019, as it likely does not meet the revised criteria or falls within the exceptions.

AI-generated summary — verify with the full judgment below

ITA-457-2019 ( 288-16

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-457-2019 (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-457-2019 ( 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-457-2019.

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

ITA-457-2019 ( 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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