What did the High Court hold?

The Tribunal allowed the withdrawal of the appeal as prayed by the learned counsel for the appellant. Consequently, the appeal was dismissed as withdrawn.

The Income Tax Department sought to withdraw an appeal before the High Court. This withdrawal was based on a revised circular from the Ministry of Finance that increased the monetary limits for filing appeals. The case did not fall under any exceptions to these revised limits.

What were the issues?

Whether the appeal could be withdrawn by the Income Tax Department in light of revised monetary limits for filing appeals.

PCIT vs M/S Atop Fasteners Private Limited | Punjab & Haryana High Court 2024

219 IN

PRINCIPAL C M/S ATOP F AREA-II, CHA

CORAM: H

Present: M

M f

* SANJEEV PR

C bearing No.9 Ministry of Fi the monetary ITAT, High C enhanced and have been tak d a a S 1 2 3 N THE HIGH COURT OF PU CHANDIG I D COMMISSIONER OF INCOME FASTENERS PRIVATE LTD. ANDIGARH

HON'BLE MR. JUSTICE SANJ HON'BLE MR. JUSTICE SANJ Mr. Yogesh Putney, Senior Stand Mr. Vaibhav Gupta, Standing Co for the appellant-Income Tax Dep Mr. Abhinav Narang, Advocate f **** RAKASH SHARMA, J.(Oral) Counsel for the appellant submi /2024 dated 17.09.2024 issued inance, Department of Revenue, limits for filing of the appeals Court and SLPs/Appeals before d the Circular No.5/2024 has bee ken with the purpose to manage l “ 2. As a step towards man decided by the Board to revise t 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-226-2022 (O&M) Date of Decision:18.11.2024 E TAX-I, CHANDIGARH .…...Appellant (s) V/s.

PLOT NO.181, INDUSTRIAL

......Respondent(s) NJEEV PRAKASH SHARMA NJAY VASHISTH ding Counsel, and ounsel, partment for the respondent. its that in terms of the Circular d by the Government of India, , Central Board of Direct Taxes, s by the department before the e the Supreme Court have been en amended and following steps itigations: nagement of litigation, it has been the monetary limits for filing of as stated in Para 4.1 of the s: tax matters Monetary Limit (Tax effect in Rs.) Appellate 60 lakh 2 crore 5 crore

) L ) r , , e n s Suresh Kumar 2024.11.19 11:24 I attest to the accuracy and integrity of this document

ITA-226-2022 ( 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.

November 18 Ess Kay

Whether sp Whether r 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 8, 2024 speaking/reasoned?

Y 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 2024.11.19 11:24 I attest to the accuracy and integrity of this document

PR. COMMISSIONER OF INCOME TAX-1, CHANDIGARH vs. M/S ATOP FASTENERS PRIVATE LIMITED

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