The High Court Bench disposed of the tax appeal as withdrawn because the tax liability was below the enhanced monetary limit of Rs. 2 Crores specified in a new Government of India circular.
The Tax Case stands disposed of finally as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Digitally
signed by
SAURABH
SAURABH YADAV
YADAV Date:
2024.11.19
16:30:58
+0530
2024:CGHC:44943-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TAXC No. 77 of 2023
The Assistant Commissioner of Income Tax, (Central)-2, Raipur (C.G.)
... Applicant
Versus
M/s Abhishek Steel Industries Ltd., B-8 & 9, Sector C, Urla Industrial Area, Sarona, Raipur (C.G.)
... Respondent
For Applicant : Mr. Amit Chaudhari, Advocate with Mr. Vijay Chawla, Advocate. For Respondent : None.
Hon'ble Shri Justice Sanjay K. Agrawal
Hon'ble Shri Justice Radhakishan Agrawal
Judgment on Board
19.11.2024
Sanjay K. Agrawal, J.
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
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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.
3 . For ready reference, relevant paragraphs of said circular dated 17.09.2024 is quoted herein-below:
“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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| 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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Supreme Court/High Courts/Tribunal, which may accordingly be withdrawn.
concerned.
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.
Sd/Sd/-
Saurabh
1 issue framed by the court
Whether the Tax Appeal before the High Court should be disposed of as withdrawn given a new circular increasing monetary limits for filing income tax appeals.
1 provisions across 1 enactments
The Assistant Commissioner of Income Tax (Central)-2, Raipur
M/s Abhishek Steel Industries Ltd.
Sanjay K. Agrawal
Radhakishan Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
