PR. COMMISSIONER OF INCOME TAX PATIALA vs. M/S PUNJAB STATE POWER CORPORATION LTD THE MALL PATIALA

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ITA/135/2021HC Punjab & HaryanaPHHC01005105202115 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE ALOK JAIN3 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal allowed the Revenue's prayer to withdraw the appeal. It held that the appeal was to be dismissed in light of the revised monetary limits for filing appeals as per the circular.

What were the facts?

The Revenue sought to withdraw its appeal before the ITAT based on a circular enhancing monetary limits for filing appeals. The circular stated that appeals with a tax effect below certain thresholds should be withdrawn. The present appeal's tax effect was below the revised limit.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn based on a subsequent circular enhancing monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Not specified in the provided text

AI-generated summary — verify with the full judgment below

ITA-135-2021 ( 288-13

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 (O&M)

Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR

***

SSIONER OF INCOME TAX, P Vs.

B STATE POWER CORPORAT **** 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-135-2021 (O&M) Date of Decision: 15.10.2024 PATIALA . . . . Appellant TION 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-135-2021 ( 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 case Circula No.ITA (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/ does not fall within ar No.5/2024, learned counsel pra A-135-2021.

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. /2024 dated 17.09.2024, as the the exception clause of ays for withdrawal of the appeal

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

ITA-135-2021 (

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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