What did the High Court hold?

The High Court allowed the department's prayer for withdrawal of the appeal. The court noted that the case did not fall within any exception clauses of the circular.

The Income Tax Department sought to withdraw an appeal before the High Court. This was based on an amended circular from the CBDT which revised the monetary limits for filing appeals. The department argued that the current appeal fell below the new threshold.

What were the issues?

Whether the amended monetary limits for filing appeals are applicable to pending cases and whether the current appeal meets the criteria for withdrawal based on these limits.

PCIT vs M/S Kudu Knit Processors P. Ltd… | Punjab & Haryana High Court 2024

223 IN

PRINCIPAL C

M/S KUDU K

CORAM: H

H Present: M

* SANJEEV PR

C issued by the Revenue, Ce No.9/2024, th the departmen Court have be following step d a a Sr. No. 1. 2. 3. N THE HIGH COURT OF PU CHANDIG I D COMMISSIONER OF INCOME KNIT PROCESSOR PVT. LTD., L

HON'BLE MR. JUSTICE SANJ HON'BLE MR. JUSTICE SANJ

Mr. Ranvijay Singh, Senior Stand for the appellant-Income Tax Dep Mr. Akshay Bhan, Senior Advoc Mr. Shantanu Bansal, Advocate a Mr. Yugank Goyal, Advocate for **** RAKASH SHARMA, J.(Oral) Counsel for the appellant submi e Government of India, Minist entral Board of Direct Taxe he enhancement of monetary lim nt before the ITAT, High Court een amended and the Circular N ps have been taken with the purp “ 2. As a step towards mana decided by the Board to revise th appeals in Income-tax cases as aforementioned Circular as follows Appeals/SLPs in Income-tax ma Before Income Tax Appellate Trib Before High Court Before Supreme Court

NJAB AND HARYANA AT GARH ITA-210-2016 (O&M) Date of Decision:18.09.2024 E TAX-1, LUDHIANA

..…...Appellant (s) V/s. LUDHIANA.

…......Respondent(s) NJEEV PRAKASH SHARMA NJAY VASHISTH ding Counsel, partment. cate, assisted by and r the respondent. its that in terms of the Circular try of Finance, Department of es dated 17.09.2024 bearing mits for filing of the appeals by t and SLPs before the Supreme No.5/2024 has been amended and pose to manage litigations: agement of litigation, it has been he monetary limits for filing of s stated in Para 4.1 of the s: atters Monetary Limit (Tax effect in Rs.) bunal 60 lakh 2 crore 5 crore

) ) r f g y e d Suresh Kumar 2024.09.20 17:11 I attest to the accuracy and integrity of this document

ITA-210-2016 to th e 1 o l 2. T issuance of SLPs/appeals and also apply and Tribunal, 3. L no exception, No.5/2024. Th 4. A and the appea 5. A accordingly. September 18 Ess Kay 1. Whethe 2. Whethe Page 2 of 2 6 (O&M)

Monetary limits given in p o filing appeal/SLP shall be app hose relating to TDS/TCS under t exceptions as per paras 3.1 and 3. 15.03.2024, where the decision to on merits, without regard to the imits.”

The modifications have come Circular i.e. 17.09.2024, an to be filed before the Supreme y to the appeals pending before which may have been directed t Learned counsel relies on the ci as the case does not fall within hus, he prays for withdrawal of t Accordingly, we allowed the pra al stands dismissed as withdrawn All pending applications also

(SANJ , 2024 r speaking/reasoned?

Y r reportable?

Y paragraph 2 above with regard plicable to all cases including the Income-tax Act, 1961 with 2 of Circular No 5/2024 dated appeal/file SLP shall be taken tax effect and the monetary into effect from the date of nd therefore shall apply to Court, High Court and Tribunal the Supreme Court, High Court to be withdrawn. ircular and submits that there is the exception clause of Circular the present appeal. ayer of counsel for the appellant, n. stand dismissed as withdrawn JEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f o l t s r , n Suresh Kumar 2024.09.20 17:11 I attest to the accuracy and integrity of this document

PR.COMMISSIONER OF INCOME TAX-I, LUDHIANA vs. M/S KUDU KNIT PROCESSORS P. LTD. LUDHIANA

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