ANIL TALWAR V. PRINCIPAL COMMISSIONER OF INCOME TAX - 1 CHANDIGARH

ITA/173/2019

AI Insights

The case involved an appeal by the appellant against a decision related to income tax, which was to be managed under the revised monetary limits for filing appeals as specified in the Circular No.9/2024 dated 17.09.2024. The Circular revised the monetary limits for filing appeals in income tax cases, which are now to be considered without regard to the tax effect and monetary limits for all cases, including those related to TDS/TCS under the Income-tax Act, 1961. The appellant's counsel, referencing the Circular, requested the withdrawal of the appeal, which the court granted.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 674936 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 11-11-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Applicant
• Court: HIGH COURT
• Department Lawyers: YOGESH PUTNEY
• Assessee Lawyers: GURDEEP SINGH
• Keywords: Circular No.5/2024; Circular No.9/2024; High Court; Income tax appellate tribunal; Monetary limits; Supreme Court; Filing of appeals
• Section: 3(1); 3(2)

Judgement Text

"213/2 IN THE HIGH COURT OF Anil Talwar Principal Commissioner of Income Tax North West Region, Aayakar Bhawan, Sector 17-E, Chandigarh CORAM: HON’BLE MR.JUSTICE HON’BLE MR. JUSTICE Present: Mr. Gurdeep Singh, Advocate for the appellant. Mr. Yogesh Putney, Department. SANJEEV PRAKASH SHARMA, J. 1. Learned 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 dated 17.09.2024 bearing No.9/2024, the enhancement of monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court have been amended and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to m decided by the Board to revise the monetary limits for filing of appeals in Income aforementioned Circular as follows: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-173- Date of Decision : Versus Principal Commissioner of Income Tax-1, North West Region, Aayakar Bhawan, E, Chandigarh HON’BLE MR.JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH Mr. Gurdeep Singh, Advocate for the appellant. Mr. Yogesh Putney, Sr. Standing counsel for Income Tax Department. *** PRAKASH SHARMA, J. (ORAL) Learned 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 dated 17.09.2024 bearing No.9/2024, enhancement of monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court have been amended 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: PUNJAB AND HARYANA -2019 (O&M) Date of Decision : 11.11.2024 …Appellant ….Respondent SANJEEV PRAKASH SHARMA SANJAY VASHISTH Mr. Gurdeep Singh, Advocate for the appellant. Sr. Standing counsel for Income Tax ) Learned 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 dated 17.09.2024 bearing No.9/2024, enhancement of monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court have been amended and the Circular No.5/2024 has been amended and following steps anage 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 Sr. Standing counsel for Income Tax Learned 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 dated 17.09.2024 bearing No.9/2024, enhancement of monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court have been amended and the Circular No.5/2024 has been amended and following steps PUSHPINDER SAINI 2024.11.12 09:49 I attest to the accuracy and integrity of this document ITA-173-2019 Sr. No. Appeals/SLPs in Income 1. Before Income Tax Appellate Tribunal 2. Before High Court 3. Before Supreme filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income as per paras 3.1 and 3.2 of Circular No 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 the before the Supreme Court, High Court and Tribunal and also apply to the appeals pending before the Supreme Court, High Court and Tribunal, which may have been directed 3. Learned counsel rel exception, as the case does not fall within the exception clause of Circular No.5/2024. Thus, he prays for withdrawal of the present appeal. 4. Accordingly, we allowed the prayer of counsel for the appella and the appeal stands dismissed as withdrawn. 5. All pending applications also stand dismissed as withdrawn accordingly. November 11, 2024 ps 9 -2- Appeals/SLPs in Income-tax matters Before Income Tax Appellate Tribunal Before High Court 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 as per paras 3.1 and 3.2 of Circular No 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 directed to be withdrawn. Learned counsel relies on the circular and submits that there is no exception, as the case does not fall within the exception clause of Circular No.5/2024. Thus, he prays for withdrawal of the present appeal. Accordingly, we allowed the prayer of counsel for the appella and the appeal stands dismissed as withdrawn. All pending applications also stand dismissed as withdrawn (SANJEEV PRAKASH SHARMA , 2024 Whether speaking/ reasoned Whether reportable tax matters Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate Tribunal 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, 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 refore 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 ies on the circular and submits that there is no exception, as the case does not fall within the exception clause of Circular No.5/2024. Thus, he prays for withdrawal of the present appeal. Accordingly, we allowed the prayer of counsel for the appellant, All pending applications also stand dismissed as withdrawn SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE : Yes/No : Yes/No The modifications have come into effect from the date of issuance refore 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 ies on the circular and submits that there is no exception, as the case does not fall within the exception clause of Circular nt, All pending applications also stand dismissed as withdrawn PUSHPINDER SAINI 2024.11.12 09:49 I attest to the accuracy and integrity of this document "