Disposed¶34

The Assistant Commissioner of Income Tax v. Vinay Kumar Singh

Income-tax appeal – Monetary limits

Chhattisgarh HC25 Nov 2024TAXC/170/2024

Download

Case brief

AI extract

What is this about?

High Court of Chhattisgarh at Bilaspur; TAXC No. 170 of 2024; Assistant Commissioner of Income Tax Circle-1(1), Bhilai (Applicant) v. Vinay Kumar Singh (Respondent); decided 26.11.2024 by Sanjay K. Agrawal, J. (author) with Radhakishan Agrawal, J.; departmental income-tax appeal disposed of finally as withdrawn; CBDT/MoF circular dated 17.09.2024 revising monetary limits (Rs. 60 lakh ITAT, Rs. 2 crore High Court, Rs. 5 crore Supreme Court); section 268A Income-tax Act 1961; tax effect below Rs. 2 crore; counsel Mr. Amit Chaudhari for Applicant; no appearance for Respondent.

What did the court decide?

The department's Tax Case (income-tax appeal) stands disposed of finally as withdrawn, in light of circular dated 17.09.2024, as its tax liability is less than Rs.2 Crores. ¶34

The Assistant Commissioner of Income Tax Vs Vinay Kumar Singh — Income Tax | Chhattisgarh HC (2024)

¶1

1 / 4

¶2

Digitally
signed by
SAURABH
SAURABH YADAV
YADAV Date:
2024.11.26
17:23:13
+0530

¶3

2024:CGHC:46203-DB

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

TAXC No. 170 of 2024

¶7

The Assistant Commissioner Of Income Tax Circle- 1(1), Bhilai District Durg, Chhattisgarh.

¶8

... Applicant

¶9

Versus

¶10

Vinay Kumar Singh Plot No. 39, Sandhya Kunj, Kailash Nagar, Housing Board, Industrial Area, Bhilai, District Durg, C.G.- 490026 pan AVRPS728J

¶11

... Respondent

¶12

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

¶13

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Radhakishan Agrawal

¶14

Judgment on Board

¶15

26.11.2024

¶16

Sanjay K. Agrawal, J.

¶17

2 / 4

¶18

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

¶19

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

¶20

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

¶21

“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.

¶22

As a step towards management of litigation, it has been decided by the Board to revise the monetary limits

¶23

3 / 4

¶24

for filing of appeals in Income-tax cases as stated in Para

¶25

4.1 of the aforementioned Circular as follows:-

¶26

S.	Appeals/SLPs in Income-Ta	x Monetary Limit (Tax
No.	matters	effect in Rs.)
1.	Before Income Tax Appellate Tribunal	60 lakh
2.	Before High Court 2 crore	2 crore
3.	Before Supreme Court	5 core

¶27

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.

¶28

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.

¶29

4 / 4

¶30

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

¶31

The above may be brought to the notice of all concerned.

¶32

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

¶33

Hindi version will follow. ”

¶34

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.

¶35

Sd/Sd/-

¶36

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

¶37

Saurabh

The Assistant Commissioner of Income Tax v. Vinay Kumar Singh

Case brief

What is this about?

What did the court decide?

The Assistant Commissioner of Income Tax v. Vinay Kumar Singh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

The Commissioner of Income Tax Vs Shri Sadhumargi Shantkranti Jain

Grand Motors Vs Ito Ward 2(1)

Devi Prasad Vs State of Chhattisgarh

The Assistant Commissioner of Income Tax Circle - 1(1), Bhilai Vs Vinay Kumar Singh

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

Manoj Sharma Vs State of Chhattisgarh