The Commissioner of Income Tax Exemptions V. P D Memorial Religious and Educational Association

ITA/46/2021

AI Insights

The case involves the Commissioner of Income Tax Exemptions as the appellant and the P D Memorial Religious and Educational Association as the respondent. The core issue revolved around the applicability of the revised monetary limits for filing appeals in tax matters, as stipulated by the Circular No.9/2024 issued by the Government of India, Ministry of Finance, Department of Revenue. The appellant sought to withdraw the appeal following the new guidelines, which set specific monetary thresholds for filing appeals in various forums including the ITAT, High Court, and Supreme Court. The court's decision to allow the withdrawal was based on the understanding that the case did not meet the exceptions outlined in the Circular No.5/2024.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 814588 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 03-10-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Respondent
• Court: HIGH COURT
• Assessee Lawyers: VARUN ISSAR
• Keywords: Appeals; High Court; Income tax appellate tribunal; Litigation Management; Monetary limits; Supreme Court
• Section: 5/2024

Judgement Text

"ITA-46-2021 (O&M) 136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT THE COMMISSIONER OF INCOME TAX EXEMPTIONS P D MEMORIAL RELIGIOUS AND EDUCATIONAL ASSOCIATION CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE Present: Mr. Varun Issar for the 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, Board of limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court Circular No.5/2024 has been amended and 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 THE COMMISSIONER OF INCOME TAX EXEMPTIONS Vs. MEMORIAL RELIGIOUS AND EDUCATIONAL ASSOCIATION **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH **** Mr. Varun Issar, Sr. Standing Counsel for the appellant/Revenue. **** 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, Board of Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary ts for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court 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-46-2021 (O&M) Date of Decision: 03.10.2024 THE COMMISSIONER OF INCOME TAX EXEMPTIONS . . . . Appellant MEMORIAL RELIGIOUS AND EDUCATIONAL ASSOCIATION . . . . Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH , Sr. Standing Counsel Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary ts 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 a 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 Counsel for the appellant submits that in terms of the Circular issued by the Central Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary ts for filing of the appeals by the department before the ITAT, High and the Circular No.5/2024 has been amended and following steps have been taken MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document ITA-46-2021 (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 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 for withdrawal of the 4. Accordingly, we allow the prayer withdrawn. 5. All pending applications also stand dismissed as withdrawn accordingly. October 03, 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 ys for withdrawal of the present appeal. Accordingly, we allow the prayer as above withdrawn. All pending applications also stand dismissed as withdrawn accordingly. (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 pending 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 All pending applications also stand dismissed as withdrawn 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 pending before the Supreme Court, High Court and Tribunal, as the case does , learned counsel dismissed as MOHIT GOYAL 2024.10.14 11:58 I attest to the accuracy and integrity of this document "