THE PRINCIPAL COMMISSIONER OF INCOME TAX, BATHINDA vs. M/S P.D. SEKHSARIA TRADING COMPANY PVT LTD, BATHINDA

PDF · subscribers
ITA/406/2019HC Punjab & HaryanaPHHC01092962201916 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the withdrawal of the appeal. The court noted that the case did not fall within any exceptions to the revised monetary limits specified in the circular.

What were the facts?

The appellant, Commissioner of Income Tax, sought to withdraw the appeal. The withdrawal was based on a circular issued by the Central Board of Direct Taxes (CBDT) which revised the monetary limits for filing appeals before various appellate authorities.

What were the issues?

The primary issue was whether the appeal should be withdrawn based on revised monetary limits for filing appeals as per a CBDT circular.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

ITA-406-2019(O

225

IN TH

The Principal M/s P.D. Sekh CORAM: H

H Present: M SANJEEV P

1.

C bearing Direct departm Suprem been am manage h fo 4 S 1 2 3 O&M)

HE HIGH COURT OF PUNJA CHANDIGAR Commissioner of Income Tax, B Vs.

hsaria Trading Company Pvt. Lt **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN **** Ms. Urvashi Dhugga, Advocate f **** RAKASH SHARMA, J.(Oral) Counsel for the appellant submi g No.9/2024 dated 17.09.2024 i Taxes, the monetary limits fo ment before the ITAT, High Cou me Court have been enhanced a mended and following steps have 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

AB AND HARYANA AT RH ITA-406-2019 (O&M) Date of Decision: 16.10.2024 Bathinda . . . . Appellant d, Bathinda . . . . Respondent NJEEV PRAKASH SHARMA NJAY VASHISTH for the appellant. ) its that in terms of the Circular issued by the Central Board of or filing of the appeals by the urt and SLP/Appeals before the and the Circular No.5/2024 has e 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

) 4 t t r f e e s o RASHMI 2024.10.18 11:20 I attest to the accuracy and integrity of this document

ITA-406-2019(O

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 All pe accordingly. October 16, 20 Rashmi 1. Whethe 2. Whethe O&M)

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 dingly, we allow the prayer as ab drawn. ending applications also sta

(SANJ 024 r speaking/reasoned?

Y r reportable?

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 present appeal. bove, and the appeal is dismissed and dismissed as withdrawn JEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f o o t e , d n RASHMI 2024.10.18 11:20 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →