What did the High Court hold?

The tribunal allowed the withdrawal of the appeal. The court noted that the revised circular aimed to manage litigation and that the present case did not meet any exceptions to the new monetary limits.

The Income Tax Department sought to withdraw its appeal before the ITAT. This was based on a revised circular from the CBDT that increased the monetary limits for filing appeals. The department's appeal did not fall within any exceptions to these new limits.

What were the issues?

Whether the Income Tax Department can withdraw its appeal based on a revised circular increasing monetary limits for appeals. The applicability of new monetary limits for filing appeals by the department.

CIT vs M/S Avon Cycles Ltd | Punjab & Haryana High Court 2024

216 IN

COMMISSIO M/S AVON C

CORAM: H

Present: M

M M

* SANJEEV PR

C issued by the Revenue, Ce No.9/2024, th before the IT enhanced and have been tak b o a S 1 2 3 N THE HIGH COURT OF PU CHANDIG I D ONER OF INCOME TAX-II, LUD YCLES LTD, LUDHIANA HON'BLE MR. JUSTICE SANJ HON'BLE MR. JUSTICE SANJ Mr. Ranvijay Singh, Senior Stand for the appellant-Income Tax Dep Mr. Alok Mittal, Advocate and Mr. Ishwinder Singh, Advocate f **** RAKASH SHARMA, J.(Oral) Counsel for the appellant submi e Government of India, Minist entral Board of Direct Taxe he monetary limits for filing of AT, High Court and SLPs befo d the Circular No.5/2024 has bee ken with the purpose to manage l “ 2. As a step towards man been decided by the Board to revise of appeals in Income-tax cases a aforementioned Circular as follows Sl. No. Appeals/SLPs in Income-t 1. Before Income

Tax Tribunal 2. Before High Court 3. Before Supreme Court

NJAB AND HARYANA AT GARH ITA-578-2010 (O&M) Date of Decision: 14.10.2024 DHIANA .…...Appellant (s)

V/s.

......Respondent(s) NJEEV PRAKASH SHARMA NJAY VASHISTH ding Counsel, partment. for the respondent. its that in terms of the Circular try of Finance, Department of es dated 17.09.2024 bearing f the appeals by the department ore the Supreme Court has been en amended and following steps itigations: nagement of litigation, it has e the monetary limits for filing as stated in Para 4.1 of the s: tax matters Monetary Limit (Tax effect in Rs.) Appellate 60 lakh 2 crore 5 crore

) r f g t n s Suresh Kumar 2024.10.16 10:48 I attest to the accuracy and integrity of this document

ITA-578-2010 ( r in 1 5 s m 2. T issuance of SLPs/appeals and also apply and Tribunal, 3. In the case does learned couns 4. A dismissed as w 5. A accordingly.

October 14, 20 Ess Kay 1. Whethe 2. Whethe Page 2 of 2 (O&M)

Monetary limits given regard to filing appeal/SLP shall ncluding those relating to TDS/TC 1961 with exceptions as per paras 5/2024 dated 15.03.2024, where th shall be taken on merits, without re monetary limits.”

The modifications have come Circular i.e. 17.09.2024, an to be filed before the Supreme y to the appeals pending before which have been directed to be n view of aforesaid Circular N s not fall within the exception sel prays for withdrawal of the pr Accordingly, we allow the pray withdrawn. All pending applications also

(SANJ 024 r speaking/reasoned?

Y r reportable?

Y in paragraph 2 above with l be applicable to all cases CS under the Income-tax Act, s 3.1 and 3.2 of Circular No he decision to appeal/file SLP egard to the tax effect and the into effect from the date of nd therefore shall apply to Court, High Court and Tribunal the Supreme Court, High Court withdrawn. No.09/2024 dated 17.09.2024, as clause of Circular No.5/2024, resent appeal. yer as above, and the appeal is stand dismissed as withdrawn EEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f o l t s , s n Suresh Kumar 2024.10.16 10:48 I attest to the accuracy and integrity of this document

COMMISSIONER OF INCOMETAX -II LUDHIANA vs. M/S AVON CYCLES LTD.

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