The Division Bench disposed of Tax Case No. 19 of 2022 by relying on a new circular from the Ministry of Finance dated 17.09.2024, which enhanced the monetary limit for filing income tax appeals before High Courts to Rs. 2 Crores.
The instant Tax Case is disposed of finally without further alteration.
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NAFR
Digitally signed by VAISHALI VAISHALI LUCKY LUCKY NAGARIA NAGARIA Date: 2024.09.24 16:27:47 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
TAXC No. 19 of 2022
... Appellant
versus
... Respondent
For Appellant : Mr. Amit Chaudhari, Advocate. For : None. Respondent
Division Bench
Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Amitendra Kishore Prasad Judgment on Board
(23.09.2024)
Sanjay K. Agrawal, J
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
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department before the High Court has been enhanced to Rs.2 Crores, whereas in the present appeal 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.
“1. Reference is invited to Circular No 5/2024 (F.No.279/Misc.142/2007-ITJ(Pt))dated15.03.2024 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.
| S.No | Appeals/SLPs in Income-tax matters |
Monetary Limit (Tax effect in Rs.) |
|---|---|---|
| 1. | Before Income Tax Appellate | 60 lakh |
| Tribunal | ||
| 2. | Before High Court | 2 crore |
| 3. | Before Supreme Court | 5 crore |
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tax Act, 1961.
Sd/Sd/(Sanjay K. Agrawal) (Amitendra Kishore Prasad) Judge Judge
vaishali
2 issues framed by the court
Whether the Tax Case No. 19 of 2022 should be disposed of finally in light of a new circular enhancing monetary limits for filing income tax appeals before High Courts to Rs. 2 Crores.
Whether the present appeal, with a tax liability of Rs. 1,34,26,737/-, falls within the enhanced monetary limit prescribed by the Gujarat High Court's new circular dated 17.09.2024.
1 provisions across 1 enactments
Dy. Commissioner of Income Tax (Central) - 2 Raipur
M/s Shree Jagdamba Construction Co.
Sanjay K. Agrawal
Amitendra Kishore Prasad
As recorded by the court registry
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