Principal Commissioner of Income Tax, Panchkula V. Ganesh Dass Piara Lal Jain

ITA/350/2016

AI Insights

The case involved the Principal Commissioner of Income Tax, Panchkula as the appellant and M/s Ganesh Dass Piara Lal Jain as the respondent. The core issue revolved around the revised monetary limits for filing appeals by the department in tax matters, as stipulated by the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes. The Circular enhanced the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court, aiming to manage litigation more effectively. The appellant's counsel submitted that the appeal should be withdrawn following these new guidelines, as the monetary threshold was not met.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 799856 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 19-11-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: PARNIKA SINGLA
• Assessee Lawyers: SAURABH KAPOOR; PRIDHI SANDHU
• Keywords: Appeals; High Court; ITAT; Litigation Management; Monetary limits; Supreme Court
• Section: 5/2024

Judgement Text

"203 IN THE HIGH COURT OF PUNJAB AND HARYANA Principal Commissioner of Income Tax, Panchkula M/s Ganesh Dass Piara Lal Jain CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE M Present: Mr. Ms. Pridhi Sandhu, Jr. Standing Counsel for the appellant. M SANJEEV PRAKASH SHARMA, J.(Oral) 1. Counsel for the appellant submits that in terms of the Circular No.9/2024, dated 17.09.2024, Finance, Departme monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court has been enhanced and the Circular No.5/2024 has been amended and following steps ha 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 aforementioned Sl. No. 1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA Date of Decision: 19.11.2024 Principal Commissioner of Income Tax, Panchkula Vs. Ganesh Dass Piara Lal Jain HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH Mr. Saurabh Kapoor, Sr. Standing Counsel Ms. Pridhi Sandhu, Jr. Standing Counsel for the appellant. Ms. Parnika Singla, Advocate 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 has been enhanced and the Circular No.5/2024 has been amended and following steps ha 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 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-350-2016 (O&M) Date of Decision: 19.11.2024 Principal Commissioner of Income Tax, Panchkula …Appellant …Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH Sr. Standing Counsel with Ms. Pridhi Sandhu, Jr. Standing Counsel for the appellant. Parnika Singla, Advocate for the respondent. SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of nt 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 has been enhanced and the Circular No.5/2024 has been amended and following steps have been taken “ 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 Circular as follows: Appeals/SLPs in Income-tax mat- Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate Tri- 60 lakh Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of nt 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 has been enhanced and the ve been taken “ 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 RAJESH KUMAR 2024.11.20 15:22 I attest the accuracy and authenticity of this order/judgment. ITA-350-2016 (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 applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) 19.11.2024 JUDGE rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2024.11.20 15:22 I attest the accuracy and authenticity of this order/judgment. "