CIT, FARIDABAD V. KRISHAN LAL(HUF) VILL. JHARSAINTLY, BALLABGARH

ITA/961/2008

AI Insights

The case involved the Commissioner of Income Tax, Faridabad, as the appellant, and Krishan Lal (HUF) as the respondent. The appellant sought to file an appeal against a decision concerning income tax matters. However, following the issuance of Circular No.09/2024 by the Central Board of Direct Taxes, which revised the monetary limits for filing appeals in income tax cases, the appellant decided to withdraw the appeal. The court, acknowledging the revised limits and the absence of exceptions that would allow the appeal to proceed, dismissed the appeal as withdrawn and disposed of all pending applications accordingly.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 720740 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 27-11-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Assessee Lawyers: VARUN ISSAR
• Keywords: Filing of appeals; High Court; Income tax appellate tribunal; Litigation Management; Monetary limits; Supreme Court
• Section: 4(1)

Judgement Text

"205 IN THE HIGH COURT OF PUNJAB AND HARYANA Commissioner of Income Tax, Krishan Lal (HUF) CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE M Present: Mr. None for the respondent. SANJEEV PRAKASH 1. Counsel for the appellant submits that in terms of the Circular No.9/2024, dated 17.09.2024, Finance, Department of Revenue, Central Board of Direct Taxes, the monetary limits for filing High Court and SLPs before the Supreme Court ha Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage litigations: “ 2. As a step towards decided by the Board to revise the monetary limits for filing of appeals in Income aforementioned Circular as follows: Sl. No. 1. 2. 3. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA Date of Decision: Commissioner of Income Tax, Faridabad Vs. Krishan Lal (HUF) through Sh. Krishan Lal HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH Mr. Varun Issar, Jr. Standing Counsel for the appellant. None for the respondent. *** SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular , dated 17.09.2024, 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 before the Supreme Court ha Circular No.5/2024 has been amended and following steps have been taken 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 ters 1. Before Income Tax Appellate Tr bunal 2. Before High Court 3. Before Supreme Court IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-961-2008 (O&M) Date of Decision: 27.11.2024 …Appellant …Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH , Jr. Standing Counsel for the appellant. 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, Central Board of Direct Taxes, the of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court have been enhanced and the Circular No.5/2024 has been amended and following steps have been taken management of litigation, it has been decided by the Board to revise the monetary limits for filing of tax cases as stated in Para 4.1 of the aforementioned Circular as follows: Appeals/SLPs in Income-tax mat- Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate Tri- 60 lakh 2 crore 5 crore Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, the of the appeals by the department before the ITAT, been enhanced and the Circular No.5/2024 has been amended and following steps have been taken management of litigation, it has been decided by the Board to revise the monetary limits for filing of tax cases as stated in Para 4.1 of the RAJESH KUMAR 2024.11.28 12:05 I attest the accuracy and authenticity of this order/judgment. ITA-961-2008 (O&M) [2] 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 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 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 applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) 27.11.2024 JUDGE rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2024.11.28 12:05 I attest the accuracy and authenticity of this order/judgment. "