PR COMMISSIONER OF THE INCOME TAX FARIDABAD vs. NHPC LIMITED

ITA-120-2024 (O&M) Page 1 of 2 133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-120-2024 (O&M) Date of Decision: 18.10.2024 THE PR. COMMISSIONER OF INCOME TAX, FARIDABAD . . . . Appellant Vs. NHPC LIMITED . . . . Respondent **** CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Varun Issar, Senior Standing Counsel, for the appellant. Mr. Ved Jain, Advocate, for the respondent – NHPC (through VC mode). **** SANJEEV PRAKASH SHARMA, J.(Oral) 1. Counsel for the appellant submits that in terms of the Circular bearing No.9/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLP/Appeals before the Supreme Court have been enhanced and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage litigations: “ 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of appeals in Income-tax cases as stated in Para 4.1 of the aforementioned Circular as follows: Sl. No. Appeals/SLPs in Income-tax matters Monetary

Limit (Tax effect in Rs.) 1. Before Income Tax Appellate Tribunal 60 lakh 2. Before High Court 2 crore 3. Before Supreme Court 5 crore LAVISHA 2024.10.19 13:31 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh

ITA-120-2024 (O&M) Page 2 of 2 3. Monetary limits given in paragraph 2 above with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, 1961 with exceptions as per paras 3.1 and 3.2 of Circular No 5/2024 dated 15.03.2024, where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits.” 2. The modifications have come into effect from the date of issuance of Circular i.e. 17.09.2024, and therefore shall apply to SLPs/appeals to be filed before the Supreme Court, High Court and Tribunal and also apply to the appeals pending before the Supreme Court, High Court and Tribunal, which have been directed to be withdrawn. 3. In view of aforesaid Circular No.09/2024 dated 17.09.2024, as the case does not fall within the exception clause of Circular No.5/2024, learned counsel prays for withdrawal of the present appeal. 4. Accordingly, we allow the prayer as above, and the appeal is dismissed as withdrawn. 5. All pending applications also stand disposed of accordingly.

(SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE October 18, 2024 Lavisha 1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No LAVISHA 2024.10.19 13:31 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh