THE PR. COMMISSIONER OF INCOME TAX, PATIALA vs. PUNJAB STATE ELECTRICITY BOARD, PSEB HEAD OFFICE, PATIALA

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ITA/460/2019HC Punjab & HaryanaPHHC01128684201915 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 reasoning was based on the Revenue's submission regarding Circular No. 9/2024 dated 17.09.2024, which significantly enhanced 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 Revenue argued that this circular applies to all cases, including the present one, as it does not fall under the exceptions provided in the circular (i.e., decisions on merits). The Tribunal accepted this submission and permitted the withdrawal. The operative direction was to allow the prayer for withdrawal, leading to the dismissal of the appeal. All pending applications were also disposed of accordingly. The judgment did not expressly leave any issue undecided.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax, Patiala (Revenue) against M/s Punjab State Electricity Board (Assessee). The assessment year(s) are not explicitly stated. The order under challenge is the appeal itself, ITA-460-2019, filed before the High Court. The procedural history involves the Revenue seeking withdrawal of the appeal. The Revenue's counsel submitted that Circular No. 9/2024 dated 17.09.2024, issued by the Ministry of Finance, Department of Revenue, 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 Supreme Court. The Revenue argued that this circular applies to all cases, including those relating to TDS/TCS, with exceptions for decisions on merits. Since the present appeal does not fall within the exceptions and the tax effect is below the enhanced limit, the Revenue prayed for withdrawal.

What were the issues?

1. Whether the appeal filed by the Revenue should be withdrawn in light of Circular No. 9/2024 enhancing monetary limits for filing appeals? Assessee's Contentions: The assessee's counsel, Ms. Radhika Suri, supported by Ms. Parnika Singla and Mr. Abhinav Narang, relied on the Revenue's submission regarding Circular No. 9/2024. They did not present independent arguments but implicitly agreed with the Revenue's prayer for withdrawal based on the circular. Revenue's Contentions: The Revenue, through its counsel Mr. Saurabh Kapoor, argued that Circular No. 9/2024 dated 17.09.2024 has enhanced the monetary limits for filing appeals before the 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 Supreme Court. The Revenue contended that these limits apply to all cases, including those relating to TDS/TCS, unless the decision is on merits. As the present appeal does not fall within the exceptions and the tax effect is below the enhanced limit, the Revenue prayed for withdrawal of the appeal.

AI-generated summary — verify with the full judgment below

ITA-460-2019 288-19

IN TH

PR. COMMIS M/S PUNJAB PATIALA CORAM: H

H Present: M

M M M

SANJEEV P

1.

Counse No.9/20 Ministr Taxes, before Court 9 (O&M)

Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR

***

SSIONER OF INCOME TAX, P Vs.

B STATE ELECTRICITY BOAR **** 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-460-2019 (O&M) Date of Decision: 15.10.2024 PATIALA . . . . Appellant RD, . . . . 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-460-2019 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 9 (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-460-2019.

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

ITA-460-2019 4. Accord as with 5. All pen

October 15, 20 parul 1. Wheth 2. Wheth 9 (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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