PR. COMMISSIONER OF INCOME TAX (CENTRAL) vs. M/S SAM LAND DEVELOPERS AND PROMOTERS PVT. LTD.

PDF · subscribers
ITA/136/2019HC Punjab & HaryanaPHHC01026174201919 September 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH3 pages
AI SummaryDismissed

What did the High Court hold?

The tribunal allowed the prayer for withdrawal of the appeal. Consequently, the appeal was dismissed as withdrawn, aligning with the revised monetary limits for litigation management.

What were the facts?

The appellant, Pr. Commissioner of Income Tax, sought to withdraw the present appeal. This request was based on a recent circular issued by the Government of India enhancing the monetary limits for filing appeals before various judicial forums.

What were the issues?

The primary issue was whether the appeal could be withdrawn based on a new circular that revised monetary limits for filing appeals, making the current appeal fall below the threshold.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

ITA-136-2019 ( 214-3 IN TH

PR. COMMIS

M/S SAM LA

CORAM: H

H Present: M

SANJEEV P

1.

Counse by the Revenu No.9/20 departm Court amende manage

(O&M)

Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR SSIONER OF INCOME TAX (C Vs. AND DEVELOPERS AND PRO **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN **** Mrs. Urvashi Dhugga, Sr. Standi for the appellant. Mr. B.M. Monga, Advocate and Mr. Rohit Kaura, Advocate for the respondent. **** RAKASH SHARMA, J.(Oral) el for the appellant submits that Government of India, Minist ue, Central Board of Direct Ta 024, the monetary limits for ment before the ITAT, High Cou has been enhanced and the ed and following steps have b e litigations: AB AND HARYANA AT RH ITA-136-2019 (O&M) Date of Decision: 19.09.2024 CENTRAL). GURGOAN . . . . Appellant OMOTERS PVT. LTD. . . . . Respondent NJEEV PRAKASH SHARMA NJAY VASHISTH ing Counsel ) t in terms of the Circular issued try of Finance, Department of axes dated 17.09.2024 bearing filing of the appeals by the urt and SLPs before the Supreme Circular No.5/2024 has been been taken with the purpose to

) 4 t t d f g e e n o MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document

ITA-136-2019 ( 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

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. 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 present appeal. bove, and the appeal is dismissed

f o o t e , d MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document

ITA-136-2019 ( 5. All pe accordi

September 19 Mohit goyal 1. Whethe 2. Whethe

(O&M)

Page 3 of 3 ending applications also sta ingly.

(SANJ , 2024 r speaking/reasoned?

Y r reportable?

Y and dismissed as withdrawn JEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

n MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document

Latest GST High Court judgments

Search GST case law →