CHIEF COMMISSIONER OF INCOME TAX (OSD), LUDHIANA V. RISHI SAGAR

ITA/117/2021

AI Insights

The case involves the Chief Commissioner of Income Tax (OSD), Ludhiana as the appellant against Rishi Sagar. The core issue revolved around the monetary limits set for filing appeals by the department in tax matters, which were revised by the Government of India through Circular No.09/2024. This circular amended the previous Circular No.5/2024, specifying new monetary thresholds for appeals to the ITAT, High Court, and Supreme Court. The appellant's counsel submitted that the appeal did not meet the exception clauses of the circular, leading to the request for withdrawal of the appeal, which the court granted.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 740250 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 15-10-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Assessee Lawyers: RANVIJAYSINGH
• Keywords: Appeals; Circular No.5/2024; Circular No.9/2024; High Court; ITAT; Monetary limits; Supreme Court
• Section: 4(1)

Judgement Text

"ITA-117-2021 (O&M) 288-20 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHIEF COMMISSIONER OF INCOME TAX (OSD), LUDHIANA RISHI SAGAR CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE Present: Mr. for the None SANJEEV PRAKASH SHARMA, J.(Oral) 1. Counsel for the appellant submits that in terms of the Circular No.9/2024 dated 17.09.2024 Ministry of Finance, Department of Revenue, Taxes, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs Court amended and following steps have been taken with the manage litigations: (O&M) Page 1 of 3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *** CHIEF COMMISSIONER OF INCOME TAX (OSD), Vs. RISHI SAGAR **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Ranvijay Singh, Sr. Standing Counsel for the appellant/Revenue. None for the respondent. **** SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular No.9/2024 dated 17.09.2024 issued by the Government of India, Ministry of Finance, Department of Revenue, Taxes, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs Court have been enhanced and the Circular No.5/2024 has been amended and following steps have been taken with the manage litigations: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-117-2021 (O&M) Date of Decision: 15.10.2024 CHIEF COMMISSIONER OF INCOME TAX (OSD), . . . . Appellant . . . . Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ALOK JAIN Sr. Standing Counsel SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular bearing issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs/Appeals before the Supreme and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to (O&M) .2024 Appellant . . . . Respondent bearing issued by the Government of India, Direct Taxes, the monetary limits for filing of the appeals by the department before the Supreme and the Circular No.5/2024 has been purpose to PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document ITA-117-2021 (O&M) has been decided by the Board to revise the monetary limits for filing of appeals in Income 4.1 of the aforementioned Circular as follows: Sl. 1. 2. 3. regard to including those relating to TDS/TCS under the Income 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 m to the tax effect and the monetary limits. 2. The modifications have come into effect from the date of issuance of Circular i.e. 17.09.2024, and therefore shall apply be filed 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 Circula does not fall within the exception clause of learned counsel 4. Accordingly, we allow the prayer as withdrawn. (O&M) Page 2 of 3 “ 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of appeals in Income-tax cases as stated in Para 4.1 of the aforementioned Circular as follows: Sl. No. Appeals/SLPs in Income-tax matters 1. Before Income Tax Appellate Tribunal 2. Before High Court 3. Before Supreme Court 3. 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 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 m 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 be filed before the Supreme Court, High Court and apply to the appeals pending before the Supreme Court, High Court and Tribunal, which have been directed to be withdrawn. In view of aforesaid Circular No.09/2024 dated 17.09.2024, does not fall within the exception clause of learned counsel prays for withdrawal of the appeal No. Accordingly, we allow the prayer as above as withdrawn. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits tax cases as stated in Para 4.1 of the aforementioned Circular as follows: tax matters Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate 60 lakh 2 crore 5 crore 3. Monetary limits given in paragraph 2 above with 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 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. No.09/2024 dated 17.09.2024, as the case does not fall within the exception clause of Circular No.5/2024, prays for withdrawal of the appeal No.ITA-117-2021. as above, and the appeal is dismissed The modifications have come into effect from the date of issuance of to SLPs/appeals to Tribunal and also apply to the appeals pending before the Supreme Court, High Court as the case , dismissed PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document ITA-117-2021 (O&M) 5. All pending applications also stand October 15, 2024 parul 1. Whether speaking/reasoned? 2. Whether reportable? (O&M) Page 3 of 3 All pending applications also stand disposed of (SANJEEV PRAKASH , 2024 1. Whether speaking/reasoned? 2. Whether reportable? disposed of accordingly. SANJEEV PRAKASH SHARMA) JUDGE (ALOK JAIN) JUDGE Yes/No Yes/No PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document "