PRINCIPAL COMMISSIONER OF INCME TAX-I vs. SHRI UTTAM PRAKASH

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ITA/333/2018HC RajasthanRJHC02107551201817 October 2019Bench: MOHAMMAD RAFIQ,NARENDRA SINGH DHADDHA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeals and cross-objection. The dismissal was based on the revised monetary limits specified by the CBDT, which indicated that the appeals fell below the threshold for further litigation.

What were the facts?

The Department filed income tax appeals before the High Court. The appeals were filed after the Central Board of Direct Taxes (CBDT) issued instructions enhancing the monetary limits for filing appeals.

What were the issues?

The primary issue was whether the appeals filed by the Department were maintainable in light of the enhanced monetary limits for litigation prescribed by the CBDT.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 311/2018 Pr Commissioner Of Income Tax, Ajmer ----Appellant Versus Shri Ranjeet Singh Choudhary, S-90, Vijay Sarita, Near St. Stephen's School, Ajmer ----Respondent Connected With D.B. Income Tax Appeal No. 333/2018 Principal Commissioner Of Incme Tax-I, New Central Revenue Building, Statue Circle, Jaipur (Raj.). ----Appellant Versus Shri Uttam Prakash, 20/108, Bhrigu Marg, Kaveri Path, Mansarovar, Jaipur. ----Respondent D. B. Civil Cross Objection No. 19/2019 In D.B. Income Tax Appeal No. 311/2018 Pr. Commissioner Of Income Tax, Ajmer ----Appellant Versus Shri Ranjeet Singh Choudhary, S-90, Vijay Sarita, Near, St. Stephen School, Ajmer ----Respondent For Appellant(s) : Ms. Parinitoo Jain and Mr. Anuroop Singhi. For Respondent(s) : Mr. Priyesh Kasliwal HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 17/10/2019

(2 of 2) [ITA-311/2018] Learned counsel for the appellant have placed before this Court a copy of the instructions dated 08th August, 2019, issued in furtherance of the Circular No.3 of 2018 dated 11.07.2018 of the Central Board of Direct Taxes (the Board) and its amendment dated 20th August, 2018 vide which monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before the Supreme Court have been specified. Para 2 of the instructions dated 8th August, 2019, mentions that as a step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows:- S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000 Learned counsel for the appellant submit that the monetary limit in the aforesaid two appeals is less than the prescribed amount. In view of above, the appeals as also cross objection are dismissed in the light of aforesaid instruction. Office is directed to place a copy of this order on record of connected matters. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J MANOJ NARWANI /119-121

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