CIT, CHANDIGARH V. TILOK TIRATH VIDYAWATI CHUTTANI CHARITABLE TU

ITA/909/2008

AI Insights

The case involves the Commissioner of Income Tax-I, Chandigarh as the appellant and Tirlok Tirath Vidayavati Chuttani as the respondent. The core issue revolved around the monetary limits for filing appeals in income tax cases, which were revised by a Circular from the Central Board of Direct Taxes. The appellant decided to withdraw the appeal following the new monetary limits, which were applicable to all cases, including those related to TDS/TCS under the Income-tax Act, 1961, with certain exceptions. The court's decision to allow the withdrawal of the appeal was based on the appellant's compliance with the revised monetary limits as stipulated in the Circular.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 720178 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 03-10-2024
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: SHANTANU BANSAL
• Assessee Lawyers: VARUN ISSAR
• Keywords: Appeals; High Court; Income tax appellate tribunal; Litigation Management; Monetary limits; Supreme Court
• Section: 5/2024

Judgement Text

"211 (2) The Commissioner M/s Tirlok Tirath Vidayavati Chuttani CORAM: HON’BLE HON’BLE M Present M Mr. Shantanu Bansal, Advocate for the respondent. SANJEEV PRAKASH SHARMA, J.(Oral) 1. Learned 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 enhancement of monetary limits the department before the ITAT, High Court and SLPs before the Supreme Court have been amended and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage litigations: “2. As a decided by the Board to revise the monetary limits for filing of appeals in Income aforementioned Circular as follows: Sr. No. 1. 2. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA Date of Decision: The Commissioner of Income Tax-I, Chandigarh Vs. Tirlok Tirath Vidayavati Chuttani HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHIST Mr. Varun Issar, Sr. Standing Counsel Mr. Shantanu Bansal, Advocate for the respondent. *** SANJEEV PRAKASH SHARMA, J.(Oral) Learned 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 enhancement of monetary limits the department before the ITAT, High Court and SLPs before the Supreme Court have been amended 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: Appeals/SLPs in Income-tax matters Before Income Tax Appellate Tribunal Before High Court IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-909-2008 (O&M) Date of Decision: 03.10.2024 I, Chandigarh …Appellant …Respondent MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH Sr. Standing Counsel for the appellant. 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 enhancement of monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court have been amended 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 filing of tax cases as stated in Para 4.1 of the aforementioned Circular as follows: tax matters Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate Tribunal 60 lakh 2 crore 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 for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court have been amended and the Circular No.5/2024 has been amended and RAJESH KUMAR 2024.10.14 11:17 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh. [2] ITA-909-2008 (O&M) 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 is- suance 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 may have been directed to be withdrawn. 3. Learned counsel relies on the circular and submits that there is no exception, as the case does not fall within the exception clause of Circular No.5/2024. Thus, he prays for withdrawal of the present appeal. 4. Accordingly, we allowed the prayer of counsel for the appellant, and the appeal stands dismissed as withdrawn. 5. All pending applications also stand dismissed as withdrawn ac- cordingly. (SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE 03.10.2024 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2024.10.14 11:17 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh. "