Principal Commissioner of Income Tax (Central), Gurgaon V. Prabhu Dayal Memorial Religious Sarai Aurangabad

ITA/373/2016

AI Insights

The case involves the Principal Commissioner of Income Tax (Central), Gurgaon as the appellant and Prabhu Dayal Memorial Religious Sarai Aurangabad as the respondent. The core issue revolved around the revision of monetary limits for filing appeals in income tax cases, as stipulated by the Government of India's Circular No.09/2024 dated 17.09.2024. This circular amended the previous Circular No.5/2024, enhancing the monetary thresholds for appeals to the ITAT, High Court, and Supreme Court. The appellant sought to withdraw the appeal following the new monetary limits, which did not meet the threshold for filing under the revised guidelines.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 798343 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 18-10-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Respondent
• Court: HIGH COURT
• Department Lawyers: SANJEEV SHARMA; DEEPAK AGGARWAL
• Assessee Lawyers: VARUN ISSAR
• Keywords: Appeals; High Court; Income tax appellate tribunal; Litigation Management; Monetary limits; Supreme Court
• Section: 4(1)

Judgement Text

"206 IN THE HIGH COURT OF PUNJAB AND HARYANA Principal Commissioner of Income Tax (Central), Gurgaon Vs. Prabhu Dayal Memorial Religious Sarai Aurangabad CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTIC Present Mr. Mr. Sanjeev K. Sharma, Advocate for Mr. Deepak Aggarwa SANJEEV PRAKASH SHARMA, J.(Oral) 1. C bearing No.9/2024 dated 17.09.2024, Ministry of Finance, Department of Revenue, Central Board of Taxes and Customs department before the ITAT, High Court and SLPs Supreme Cour 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 fo appeals in Income aforementioned Circular as follows: S 1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA Date of Decision: Principal Commissioner of Income Tax (Central), Gurgaon Prabhu Dayal Memorial Religious and Educational Association, Village Sarai Aurangabad HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHIST Mr. Varun Issar, Sr. Standing Counsel Mr. Sanjeev K. Sharma, Advocate for Mr. Deepak Aggarwal, Advocate for the respondent. *** 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 and Customs, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs Supreme Court have been enhanced and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage “ 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits fo appeals in Income-tax cases as stated in Para 4.1 of the aforementioned Circular as follows: Sr. No. Appeals/SLPs in Income ters 1. Before Income Tax Appellate Tribunal IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-373-2016 (O&M) Date of Decision: 18.10.2024 Principal Commissioner of Income Tax (Central), Gurgaon …Appellant Educational Association, Village …Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH Sr. Standing Counsel for the appellant. Mr. Sanjeev K. Sharma, Advocate for l, Advocate for the respondent. SANJEEV PRAKASH SHARMA, J.(Oral) ounsel 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 Indirect , the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs/Appeals before the been enhanced and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage “ 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: Appeals/SLPs in Income-tax mat- Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate 60 lakh Educational Association, Village ounsel for the appellant submits that in terms of the Circular issued by the Government of India, irect , the monetary limits for filing of the appeals by the before the been enhanced and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage “ 2. As a step towards management of litigation, it has been r filing of tax cases as stated in Para 4.1 of the RAJESH KUMAR 2024.10.21 14:46 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh. ITA-373-2016 (O&M) [2] 2. Before High Court 2 crore 3. Before Supreme Court 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.” 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 misc. application(s) also stand disposed of. (SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE 18.10.2024 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2024.10.21 14:46 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh. "