What did the High Court hold?

The Tribunal allowed the prayer for withdrawal of the appeal. The appeal was dismissed as withdrawn in light of the aforementioned circular and the fact that the case did not fall within any exception clauses.

The appellant, Principal Commissioner of Income Tax, sought to withdraw the present appeal. This request was based on a circular issued by the Government of India enhancing the monetary limits for filing appeals before various authorities, including the ITAT and High Court.

What were the issues?

The primary issue was whether the appeal could be withdrawn based on a revised circular that increased the monetary limits for filing appeals, making the current appeal no longer meet the threshold.

Commissione of Income Tax-III vs Spectra Shares and Scripts Ltd | Telangana High Court 2016

206

I Principal Com

Prabhu Dayal Aurangabad

CORAM: H

Present M

SANJEEV P 1.

C bearing No.9 Ministry of F Taxes and C department b Supreme Cou amended and litigations: “ d a a S 1 IN THE HIGH COURT OF PUN AT CHANDIGA I D mmissioner of Income Tax (Cent

Vs. l Memorial Religious & Educati

HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN Mr. Varun Issar, Sr. Standing Co Mr. Sanjeev K. Sharma, Advocat Mr. Deepak Aggarwal, Advocate ***

RAKASH SHARMA, J.(Oral) Counsel for the appellant submi /2024 dated 17.09.2024, issued Finance, Department of Reven ustoms, the monetary limits fo before the ITAT, High Court urt have been enhanced and th d following steps have been tak “ 2. As a step towards manage decided by the Board to revise t appeals in Income-tax cases a aforementioned Circular as follo Sr. No. Appeals/SLPs in Incom ters 1. Before Income Tax App NJAB AND HARYANA ARH ITA-401-2016 (O&M) Date of Decision: 18.10.2024 tral), Gurgaon …Appellant ional Association, Village Sarai

…Respondent NJEEV PRAKASH SHARMA NJAY VASHISTH ounsel for the appellant. te for e for the respondent.

) its that in terms of the Circular d by the Government of India, nue, Central Board of Indirect or filing of the appeals by the and SLPs/Appeals before the e Circular No.5/2024 has been ken with the purpose to manage ement of litigation, it has been the monetary limits for filing of as stated in Para 4.1 of the ows: me-tax mat- Monetary Limit (Tax effect in Rs.) pellate Tri- 60 lakh

i r , t e e n e n f e RAJESH KUMAR 2024.10.21 14:46 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

ITA-401-2016 (O&M)

[2]

bunal 2. Before High Court 2 crore 3. Before Supreme Court 5 crore

Monetary limits given in paragraph 2 above with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, 1961 with exceptions as per paras 3.1 and 3.2 of Circular No 5/2024 dated 15.03.2024, where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits.”

The modifications have come into effect from the date of issuance of Circular i.e. 17.09.2024, and therefore shall apply to SLPs/appeals to be filed before the Supreme Court, High Court and Tribunal and also apply to the appeals pending before the Supreme Court, High Court and Tribunal, which have been directed to be withdrawn. 3.

In view of aforesaid Circular No.09/2024 dated 17.09.2024, as the case does not fall within the exception clause of Circular No.5/2024, learned counsel prays for withdrawal of the present appeal. 4.

Accordingly, we allow the prayer as above, and the appeal is dismissed as withdrawn. 5.

All pending misc. application(s) also stand disposed of.

(SANJEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH)

JUDGE 18.10.2024 rajesh

Whether speaking/reasoned? : Yes/No 2. Whether reportable?

: Yes/No

RAJESH KUMAR 2024.10.21 14:46 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

Commissione of Income Tax-III vs. Spectra Shares and Scripts Ltd

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