COMMISSIONER OF INCOME TAX-II LUDHIANA vs. M/S HERO CYCLE LTD LUDHIANA
What did the High Court hold?
The Tribunal allowed the Revenue's prayer for withdrawal of the appeal. The appeal was dismissed as withdrawn based on the revised monetary limits stipulated in the circular.
What were the facts?
The Revenue sought to withdraw its appeal before the ITAT. This was based on a government circular enhancing monetary limits for filing appeals. The circular aimed to manage litigation by revising these limits.
What were the issues?
Whether the appeal filed by the Revenue should be withdrawn in light of the revised monetary limits for filing appeals as per the government circular.
Which sections of the Income-tax Act were involved?
Not Applicable
AI-generated summary — verify with the full judgment below
ITA-128-2016 ( 288-4
IN TH
COMMISSIO M/S HERO C CORAM: H
H Present: M
SANJEEV P
Counse No.9/20 Ministr Taxes, before Court amende manage (O&M)
Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR
*** ONER OF INCOME TAX-II, LU Vs.
CYCLE LTD. LUDHIANA **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE ALO **** Mr. Ranvijay Singh, Sr. Standing for the appellant/Revenue. None 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 ed and following steps have b e litigations:
AB AND HARYANA AT RH ITA-128-2016 (O&M) Date of Decision: 15.10.2024 UDHIANA . . . . Appellant . . . . Respondent NJEEV PRAKASH SHARMA OK JAIN g Counsel ) 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 been taken with the purpose to
) 4 t
t g , t t e n o PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document
ITA-128-2016 ( 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 4. Accord as with (O&M)
Page 2 of 3 “ 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
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 dingly, we allow the prayer as ab drawn.
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-128-2016. bove, and the appeal is dismissed
f o o t e , d PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document
ITA-128-2016 ( 5. All pen
October 15, 20 parul 1. Wheth 2. Wheth (O&M)
Page 3 of 3 nding applications also stand disp
(SANJ 024 her speaking/reasoned?
her reportable?
posed of accordingly. JEEV PRAKASH SHARMA) JUDGE
(ALOK JAIN) JUDGE Yes/No Yes/No
PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document
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