PR COMMISSIONER OF INCOME TAX-3 LUDH V. M/S LOTUS INTEGRATED TAXPARK LTD COMPLEX HANDIAYA ROAD DHAULA BARNALA

ITA/155/2016

AI Insights

The case involves the Commissioner of Income Tax as the appellant and Lotus Integrated Taxpark Ltd as the respondent. The core issue was the applicability of the revised monetary limits for filing appeals in tax matters, as stipulated by the Government of India's Circular No.9/2024. This circular amended the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court, effective from 17.09.2024. The appellant sought to withdraw the appeal in light of these revised limits, which do not meet the threshold for filing an appeal.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 728250 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 03-10-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: SAURABH KAPOOR; PRIDHI SANDHU
• Keywords: Appeals; High Court; ITAT; Monetary limits; Supreme Court; Withdrawal of Appeals
• Section: 5/2024; 9/2024

Judgement Text

"ITA-155-2016 (O&M) 136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT PR COMMISSIONER OF INCOME TAX M/S LOTUS INTEGRATED TAXPARK LTD COMPLEX HANDIAYA ROAD DHAULA BARNALA CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE Present: Mr. Ms. Pridhi for the SANJEEV PRAKASH SHARMA, J.(Oral) 1. Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Board of limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court Circular No.5/2024 has been amended and following s with the purpose to manage litigations: been decided by the Board to revise the monetary limits for filing of appeals in Income aforementio Sl. No. 1. 2. (O&M) Page 1 of 2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MMISSIONER OF INCOME TAX-3 LUDHIANA Vs. LOTUS INTEGRATED TAXPARK LTD COMPLEX HANDIAYA ROAD DHAULA BARNALA **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH **** Mr. Saurabh Kapoor, Sr. Standing Counsel Ms. Pridhi Sandhu, Jr. Standing Counsel for the appellant/Revenue. **** SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, of Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court Circular No.5/2024 has been amended and following s with the purpose to manage litigations: “ 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 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-155-2016 (O&M) Date of Decision: 03.10.2024 3 LUDHIANA . . . . Appellant LOTUS INTEGRATED TAXPARK LTD COMPLEX HANDIAYA ROAD . . . . Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH , Sr. Standing Counsel with Sandhu, Jr. Standing Counsel Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court has been enhanced and the Circular No.5/2024 has been amended and following steps have been taken . As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for tax cases as stated in Para 4.1 of the tax matters Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate Tribunal 60 lakh 2 crore (O&M) .2024 Appellant . . . . Respondent Counsel for the appellant submits that in terms of the Circular issued by the Central Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High and the teps have been taken MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document ITA-155-2016 (O&M) 3. regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income 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 shall be taken on merits, without regard 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 filed before the Suprem the appeals pending before the Supreme Court, High Court and Tribunal, which have been directed to be withdrawn. 3. In view of aforesaid Circula not fall within prays for withdrawal of the 4. Accordingly, we allow the prayer withdrawn. 5. All pending applications also stand dismissed as withdrawn October 03, 2024 Mohit goyal 1. Whether speaking/reasoned? 2. Whether reportable? (O&M) Page 2 of 2 3. Before Supreme Court 3. Monetary limits given in paragraph regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income 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 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 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. In view of aforesaid Circular No.09/2024 dated 17.09.2024, not fall within the exception clause of Circular No.5/2024 prays for withdrawal of the present appeal. Accordingly, we allow the prayer as above withdrawn. All pending applications also stand dismissed as withdrawn (SANJEEV PRAKASH SHARMA , 2024 1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No 5 crore 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-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 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 e 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 the exception clause of Circular No.5/2024, learned counsel appeal. as above, and the appeal is dismissed as All pending applications also stand dismissed as withdrawn accordingly. SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE Yes/No Yes/No The modifications have come into effect from the date of issuance of to SLPs/appeals to be e Court, High Court and Tribunal and also apply to the appeals pending before the Supreme Court, High Court and Tribunal, as the case does , learned counsel dismissed as MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document "