Disposed¶38

Dcit Circle 3(1), Cr Building , Civil Line v. Bhilai Jaypee Cement Ltd.

Chhattisgarh HC25 Nov 2024TAXC/169/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur, 2024:CGHC:46202-DB; TAXC No. 169 of 2024; withdrawal of departmental income-tax appeal for low tax effect; CBDT circular dated 17.09.2024 revising monetary limits (ITAT 60 lakh; High Court Rs. 2 crore; Supreme Court '5 core' as printed); issued under section 268A, Income-tax Act, 1961; references Circular No. 5/2024 dated 15.03.2024; Dcit Circle 3(1) Raipur versus Bhilai Jaypee Cement Ltd. (PAN AADCB1675Q); Amit Chaudhari for the Revenue; respondent unrepresented; disposed of finally as withdrawn; NAFR; Bench: Sanjay K. Agrawal and Radhakishan Agrawal, JJ.

What did the court decide?

Tax Case permitted to be withdrawn and stands disposed of finally as withdrawn in light of CBDT circular dated 17.09.2024; no adjudication on merits. ¶38

Dcit Circle 3(1), Cr Building , Civil Line Vs Bhilai Jaypee… — Income Tax | Chhattisgarh HC (2024)

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Digitally
signed by
SAURABH
SAURABH YADAV
YADAV Date:
2024.11.26
17:22:42
+0530

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2024:CGHC:46202-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TAXC No. 169 of 2024

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Dcit Circle 3(1), Cr Building , Civil Line Civil Line, Raipur (C.G.)

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... Applicant

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Versus

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Bhilai Jaypee Cement Ltd., Bsp Premises, Slag Yard Road, (Opp. Sector 4 Nmoh), Bhilai (C.G.) Pan-AADCB1675Q

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... Respondent

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For Applicant : Mr. Amit Chaudhari, Advocate. For Respondent : None.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Hon'ble Shri Justice Radhakishan Agrawal

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Judgment on Board

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26.11.2024

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Sanjay K. Agrawal, J.

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1 . When the case is taken up for hearing, learned counsel for the appellant would submit that the Government of India, Ministry of

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Finance has issued a new circular dated 17.09.2024, in which monetary limits for filing Income Tax Appeals by the department before the High Court has been enhanced to Rs.2 Crores, whereas in the present case the tax liability of assess is less than Rs. 2 Crore. Therefore, in light of aforesaid circular dated 17.09.2024, the present appeal may be disposed of finally.

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2 . The said prayer appears to be fair and reasonable.

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3 . For ready reference, relevant paragraphs of said circular dated 17.09.2024 is quoted herein-below:

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“1. Reference is invited to Circular No. 5/2024 (F.No.279/Misc.142/2007-ITJ(Pt))dated 15.03.2024 of Central Board of Direct Taxes (the 'Board') vide which monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLP/appeals before Supreme Court have been specified. Further, exceptions to the monetary limits were also specified vide paras 3.1 and 3.2 of the said Circular.

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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

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4.1 of the aforementioned Circular as follows:-

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S. Appeals/SLPs in Income-Tax Monetary Limit (Tax

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No.	matters	effect in Rs.)
1.	Before Income Tax Appellate	60 lakh
	Tribunal
2.	Before High Court 2 crore	2 crore
3.	Before Supreme Court	5 core

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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.

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It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case. The officers concerned shall keep in mind the overall objective of reducing unnecessary litigation and providing certainty to taxpayers on their Income-tax assessments while taking a decision regarding filing an appeal.

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The modifications shall come into effect from the date of issue of this Circular. This Circular will apply to SLPs/appeals to be filed henceforth in SC/HCs/Tribunal. It shall also apply to the SLPs/ appeals pending before

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Supreme Court/High Courts/Tribunal, which may accordingly be withdrawn.

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The above may be brought to the notice of all

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concerned.

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This issues under section 268A of the Income-tax Act, 1961.

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Hindi version will follow. ”

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4 . In view aforesaid submission of learned counsel for the appellant where monetary limit (tax liability) in the present case is less than Rs.2 Crores, therefore, in light of aforesaid circular (Para-5) dated 17.09.2024, the instant Tax Case stands disposed of finally as withdrawn.

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Sd/Sd/-

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( Sanjay K. Agrawal ) ( Radhakishan Agrawal ) JUDGE JUDGE

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Saurabh

Dcit Circle 3(1), Cr Building , Civil Line v. Bhilai Jaypee Cement Ltd.

Case brief

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Dcit Circle 3(1), Cr Building , Civil Line v. Bhilai Jaypee Cement Ltd.

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