CIT-II CHANDIGARH vs. M/S BHARDWAJ BUILDERS CHANDIGARH

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 202

ITA-338-2009 (O&M) Date of Decision: 05.03.2026 COMMISSIONER OF INCOME TAX-II ...Appellant Vs. M/S BHARDWAJ BUILDERS CHANDIGARH …Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present:- Ms. Urvashi Dugga, Advocate (through V.C.) Ms. Kavita, Advocate for the appellant

Ms. Parnika Singla, Advocate

for respondent

*** JAGMOHAN BANSAL, J. (ORAL)

Learned counsel for the respondent at the outset submits that amount of tax involved is less than Rs.50 lacs. As per circular No.5/2024 dated 15.03.2024 issued by Central Board of Direct Taxes (for short ‘CBDT’), appeal is not maintainable. This Court vide order dated 15.03.2023 has dismissed as withdrawn ITA-160-2019 though there was order by Commissioner under Section 263 of Income Tax Act, 1961 (for short ‘1961 Act’). Gujarat High Court in “Principal Commissioner Income Tax Vs. Vinodbhai Ranchhodbhai Parekh”, Law Finder Doc ID#1713079 has clearly held that appeal cannot be entertained merely on the ground that order was passed under Section 263 of 1961. 2.

Learned counsel for appellant submits that as per Clause (f) of paragraph 3.1 of aforesaid circular, appeal is maintainable despite tax effect being less than monetary limit. DEEPAK BISSYAN 2026.03.06 09:54 I attest to the accuracy and integrity of this document