THE PR. COMMISSIONER OF INCOME TAX, GURGAON V. VINAY KUMAR RAGHAV

ITA/375/2018

AI Insights

The case involved the Commissioner of Income Tax, Gurgaon, as the appellant, and an unnamed respondent, in an appeal before the High Court of Punjab and Haryana. The appeal was related to the revision of monetary limits for filing appeals in tax matters, as stipulated by the Circular No.09/2024 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes. This Circular amended the previous Circular No.5/2024, which set the monetary thresholds for filing appeals in various forums including the Income Tax Appellate Tribunal, High Court, and Supreme Court. The appellant's counsel submitted that the appeal could be withdrawn following the new monetary limits, as the case did not meet the exception criteria outlined in the Circular.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 720104 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 19-11-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: AMIT JAIN
• Assessee Lawyers: VARUN ISSAR
• Keywords: Appeals; High Court; Income tax appellate tribunal; Monetary limits; Supreme Court; TDS/TCS
• Section: 5/2024

Judgement Text

"207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT THE PR. COMMISSIONER OF INCOME TAX, SHRI VIJAY KUMAR RAGHAV CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Varun Issar, Senior Standing Counsel, for the Mr. Amit Jain, Advocate for the **** SANJEEV PRAKASH SHARMA, J.(Oral) 1. Counsel for the appellant submits that in terms of the Circular bearing No.9/2024 dated 17.09.2024 Ministry of Finance, Department of Revenue, Central Board of Direct the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs enhanced and the Circular No.5/2024 has been amended and following steps have been taken with the purpos decided by the Board to revise the monetary limits for filing of appeals in Income aforementioned Circular as follows: Sl. No. 1. 2. 3. regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA Date of Decision: COMMISSIONER OF INCOME TAX, KUMAR RAGHAV HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Varun Issar, Senior Standing Counsel, for the appellant-Income Tax Department Mr. Amit Jain, Advocate for the **** SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular bearing No.9/2024 dated 17.09.2024 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs/Appeals before the Supreme Court ha enhanced and the 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-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 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-375-2018 (O&M) Date of Decision:19.11.2024 COMMISSIONER OF INCOME TAX, GURGAON .…...Appellant (s) V/s. ......Respondent(s) HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Varun Issar, Senior Standing Counsel, Income Tax Department Mr. Amit Jain, Advocate for the respondent. 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 monetary limits for filing of the appeals by the department before the before the Supreme Court have been enhanced and the Circular No.5/2024 has been amended and following steps e 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 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 regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, (s) Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Taxes, the monetary limits for filing of the appeals by the department before the been enhanced and the Circular No.5/2024 has been amended and following steps “ 2. As a step towards 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 Suresh Kumar 2024.11.20 15:52 I attest to the accuracy and integrity of this document ITA-375-2018 (O&M) 1961 with exceptions as per paras 3.1 and 3.2 of Circular No 5/2024 dated 15.03.20 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. 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 November 19 Ess Kay Whether speaking/reasoned? Whether reportable? Page 2 of 2 (O&M) 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. In view of aforesaid Circular No.09/2024 dated 17. the case does not fall within the exception clause of Circular No.5/2024, learned counsel prays for withdrawal of the present appeal. Accordingly, we allow the prayer as above, and the appeal is dismissed as withdrawn. All pending applications also stand (SANJEEV PRAKASH SHARMA 9, 2024 Whether speaking/reasoned? Yes/No Whether reportable? Yes/No 1961 with exceptions as per paras 3.1 and 3.2 of Circular No 24, 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 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. 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. Accordingly, we allow the prayer as above, and the appeal is also stands disposed of accordingly. SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE Yes/No Yes/No 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 09.2024, as the case does not fall within the exception clause of Circular No.5/2024, Accordingly, we allow the prayer as above, and the appeal is Suresh Kumar 2024.11.20 15:52 I attest to the accuracy and integrity of this document "