PR. COMMISSIONER OF INCOME TAX (CENTRAL) GURUGRAM V. K.S. CHAWLA AND SONS HUF

ITA/48/2021

AI Insights

The case involves the Commissioner of Income Tax (Central), Gurugram as the appellant and K.S. Chawla and Sons HUF as the respondent. The core issue revolved around the revision of monetary limits for filing appeals in tax matters, as stipulated by the Central Board of Direct Taxes (CBDT) in their circulars. The appellant sought to challenge a decision based on the previous monetary limits. However, following the issuance of Circular No.09/2024, which updated these limits, the appellant decided to withdraw the appeal, leading to the current proceedings.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 720092 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 20-11-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: YOGESH PUTNEY; VAIBHAV GUPTA
• Keywords: Appeals; High Court; Income tax appellate tribunal; Litigation Management; Monetary limits; Supreme Court
• Section: 5/2024

Judgement Text

"ITA-48-2021 (O&M) 101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT PR. COMMISSIONER OF INCOME TAX (CENTRAL) GURUGRAM K.S. CHAWLA AND SONS HUF CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE Present: Mr. Yogesh Putney, Mr. Vaibhav Gupta, Standing Counsel for the SANJEEV PRAKASH SHARMA, J.(Oral) 1. Counsel for the appellant Circular Direct Taxes, the monetary limits for filing before the ITAT, High Court and SLP have been following steps have been taken with the purpose to manage litigations: been decided by the Board to revise the monetary limits for filing of appeals in Income aforementioned Circular as follows: Sl. No. 1. 2. 3. (O&M) Page 1 of 2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH PR. COMMISSIONER OF INCOME TAX (CENTRAL) GURUGRAM Vs. K.S. CHAWLA AND SONS HUF **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH **** Mr. Yogesh Putney, Sr. Standing Counsel Mr. Vaibhav Gupta, Standing Counsel for the appellant/Revenue. **** SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant, upon instructions, Circular bearing No.9/2024 dated 17.09.2024 Direct Taxes, the monetary limits for filing before the ITAT, High Court and SLP/Appeal been 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 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-48-2021 (O&M) Date of Decision: 20.11.2024 PR. COMMISSIONER OF INCOME TAX (CENTRAL) GURUGRAM . . . . Appellant . . . . Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH Sr. Standing Counsel with Mr. Vaibhav Gupta, Standing Counsel , upon instructions, submits that in terms of the dated 17.09.2024 issued by the Central Board of Direct Taxes, the monetary limits for filing of the appeals by the department /Appeals before the Supreme Court and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage litigations: 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 5 crore (O&M) .2024 Appellant . . . . Respondent submits that in terms of the Central Board of of the appeals by the department s before the Supreme Court and the Circular No.5/2024 has been amended and MOHIT GOYAL 2024.11.20 17:01 I attest to the accuracy and integrity of this document ITA-48-2021 (O&M) regard to filing appeal/SLP shall be applicable to all 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 SLP shall be taken on merits, without regard to the tax effect and t 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 Supreme Court, High Court and Tribunal and also apply to the appeals pendi which have been directed to be withdrawn. 3. In view of aforesaid Circula not fall within the exception clause of Circular No.5/2024 prays fo 4. Accordingly, we allow the prayer withdrawn. 5. All pending applications also stand November 20, 2024 Mohit goyal 1. Whether speaking/reasoned? 2. Whether reportable? (O&M) Page 2 of 2 3. Monetary limits given in paragraph 2 above with regard to filing appeal/SLP shall be applicable to all 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 SLP shall be taken on merits, without regard to the tax effect and t 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 disposed of (SANJEEV PRAKASH SHARMA , 2024 1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No 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 before the Supreme Court, High Court and Tribunal and also apply to ng 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, learned counsel appeal. as above, and the appeal is dismissed as 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 to SLPs/appeals to be before the Supreme Court, High Court and Tribunal and also apply to ng before the Supreme Court, High Court and Tribunal, as the case does , learned counsel dismissed as MOHIT GOYAL 2024.11.20 17:01 I attest to the accuracy and integrity of this document "