CIT-I, CHANDIGARH V. M/S SUTLEJ CONSTRUCTION LTD.

ITA/457/2010

AI Insights

The case involves Sutlej Construction Ltd., Chandigarh, as the respondent, and the Commissioner of Income Tax-1, Chandigarh, as the appellant. The core issue revolved around the applicability of the revised 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. The Circular revised the monetary limits for filing appeals before the ITAT, High Court, and Supreme Court, aiming to manage litigation more effectively. The appellant sought to withdraw the appeal in light of these revised limits, which was granted by the court.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 688117 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 14-10-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: YOGESH PUTNEY
• Assessee Lawyers: SHANTANU BANSAL
• Keywords: Appeals; High Court; Income tax appellate tribunal; Litigation Management; Monetary limits; Supreme Court
• Section: 5/2024

Judgement Text

" 210-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT THE COMMISSIONER OF INCOME TAX M/S SUTLEJ CONSTRUCTION LTD., CHANDIGARH CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr for the respondent Mr. **** SANJEEV PRAKASH SHARMA, J.(Oral) 1. 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 No.9/2024, 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 st 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 aforemention Sl. No. 1. 2. 3. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA Date of Decision: THE COMMISSIONER OF INCOME TAX-1, CHANDIGARH SUTLEJ CONSTRUCTION LTD., CHANDIGARH HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Yogesh Putney, Senior Standing Counsel, for the respondent-Income Tax Department. Mr. Shantanu Bansal, 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 Finance, Department of Revenue, Central Board of Direct Taxes dated 17.09.2024 bearing No.9/2024, 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 st 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-457-2010 (O&M) Date of Decision: 14.10.2024 1, CHANDIGARH .…...Appellant (s) V/s. SUTLEJ CONSTRUCTION LTD., CHANDIGARH ......Respondent(s) HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH , Senior Standing Counsel, Income Tax Department. for the respondent/Assessee. Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of of Direct Taxes dated 17.09.2024 bearing No.9/2024, 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 with the purpose to manage litigations: As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing tax cases as stated in Para 4.1 of the ed Circular as follows: tax matters Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate 60 lakh 2 crore 5 crore (s) ......Respondent(s) Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of of Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court has been eps Suresh Kumar 2024.10.16 10:48 I attest to the accuracy and integrity of this document ITA-457-2010 (O&M) regard to filing appeal/SLP shall be applicable to all cases 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 S 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 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 t 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 dismissed as withdrawn accordingly. October 14, 2024 Ess Kay 1. Whether speaking/reasoned? 2. Whether reportable? Page 2 of 2 2010 (O&M) 3. Monetary limits given in paragraph 2 regard to filing appeal/SLP shall be applicable to all cases 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 S 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 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 dismissed as withdrawn. All pending applications also stand dismissed as withdrawn (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 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 he 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 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 of Circular i.e. 17.09.2024, and therefore shall apply to Court, High Court and Tribunal and also apply to the appeals pending before the Supreme Court, High Court In view of aforesaid Circular No.09/2024 dated 17.09.2024, as he exception clause of Circular No.5/2024, Accordingly, we allow the prayer as above, and the appeal is All pending applications also stand dismissed as withdrawn Suresh Kumar 2024.10.16 10:48 I attest to the accuracy and integrity of this document "