PR. COMMISSIONER OF INCOME TAX vs. SMT. VIDUSHI KOTHARI

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ITA/49/2021HC RajasthanRJHC02037392202118 May 2022Bench: PRAKASH GUPTA,SAMEER JAIN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the Revenue's prayer to withdraw the appeal. The appeal was dismissed as withdrawn, aligning with the revised monetary limits for litigation management.

What were the facts?

The Revenue sought to withdraw its appeal before the High Court. This was based on a Circular issued by the CBDT revising monetary limits for filing appeals. The case's tax effect was below the revised threshold.

What were the issues?

Whether the Revenue can withdraw its appeal based on a revised monetary limit circular issued by the CBDT. The applicability of the revised monetary limits to pending appeals.

AI-generated summary — verify with the full judgment below

ITA-49-2021 (O 136 IN T

PR. COMMISS M/S SERVICE CORAM: H

H Present: M

f SANJEEV PR

1.

Counsel Governm Board o limits fo Court a Circular with the b fi af S 1 2 3 O&M) Page 1 of 2 THE HIGH COURT OF PUNJAB CHANDIGARH

SIONER OF INCOME TAX PATI Vs. E IRON AND ROLLING MILLS **** HON’BLE MR. JUSTICE SANJE HON’BLE MR. JUSTICE SANJA **** Mr. Saurabh Kapoor, Sr. Standing C Ms. Pridhi Sandhu, Jr. Standing Co for the appellant/Revenue. **** RAKASH SHARMA, J.(Oral) l for the appellant submits that in t ment of India, Ministry of Finance of Direct Taxes dated 17.09.2024 for filing of the appeals by the de and SLPs before the Supreme C r No.5/2024 has been amended an e purpose to manage litigations: “ 2. As a step towards manag been decided by the Board to revise filing of appeals in Income-tax cases a aforementioned Circular as follows: Sl. No. Appeals/SLPs in Income-tax 1. Before Income Tax Appella 2. Before High Court 3. Before Supreme Court B AND HARYANA AT H ITA-49-2021 (O&M) Date of Decision: 03.10.2024 IALA . . . . Appellant . . . . Respondent EEV PRAKASH SHARMA AY VASHISTH Counsel with ounsel terms of the Circular issued by the e, Department of Revenue, Central bearing No.9/2024, the monetary epartment before the ITAT, High Court has been enhanced and the d following steps have been taken gement of litigation, it has e the monetary limits for as stated in Para 4.1 of the x matters Monetary Limit (Tax effect in Rs.) te Tribunal 60 lakh 2 crore 5 crore

) 4 t t e l y h e n MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document

ITA-49-2021 (O r in 1 5 s th 2. The mo Circular filed be the app which h 3. In view not fall prays fo 4. Accordi withdraw 5. All pend

October 03, 202 Mohit goyal 1. Whether 2. Whether O&M) Page 2 of 2

3.

Monetary limits given in regard to filing appeal/SLP shall be ncluding those relating to TDS/TCS u 1961 with exceptions as per paras 3. 5/2024 dated 15.03.2024, where the d shall be taken on merits, without rega he monetary limits.”

odifications have come into effe r i.e. 17.09.2024, and therefore s fore the Supreme Court, High Cou eals pending before the Supreme have been directed to be withdrawn of aforesaid Circular No.09/2024 within the exception clause of Ci or withdrawal of the present appeal ingly, we allow the prayer as abov wn. ding applications also stand dismis

(SAN 24 speaking/reasoned?

Y reportable?

Y paragraph 2 above with e applicable to all cases under the Income-tax Act, .1 and 3.2 of Circular No decision to appeal/file SLP apord to the tax effect and ect from the date of issuance of shall apply to SLPs/appeals to be urt and Tribunal and also apply to Court, High Court and Tribunal, n. dated 17.09.2024, as the case does ircular No.5/2024, learned counsel . ve, and the appeal is dismissed as sed as withdrawn accordingly. NJEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

f e o , s l s MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document

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