Dismissed

Pr. Commissioner of Income Tax (Central) v. M/S Sam Land Developers and Promoters Pvt. Ltd.

Punjab & Haryana HC19 Sept 2024ITA/136/2019

Case brief

AI extract

What is this about?

Departmental income-tax appeal withdrawn in view of CBDT Circular No.9/2024 dated 17.09.2024 revising monetary limits for filing appeals; the case did not fall within the exceptions of Circular No.5/2024, and the appeal was dismissed as withdrawn.

What did the court decide?

Appeal dismissed as withdrawn on department's prayer under CBDT Circular No.9/2024 dated 17.09.2024; pending applications also dismissed as withdrawn.

Pr. Commissioner of Income Tax (Central) Vs M/S Sam Land… — Income Tax | Punjab & Haryana HC (2024)

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ITA-136-2019 (O&M)

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ITA-136-2019 (O&M)

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Page 1 of 3

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214-3

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of Decision: 19.09.2024

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PR. COMMI S SIONER OF INCOME TAX ( C ENTRAL). GURGOAN

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. . . . Appellan t Vs.

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M/S SAM L A ND DEVELOPERS AND PR O MOTERS PVT. LTD.

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. . . . Responden t

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****

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CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH

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Present: M rs. Urvashi Dhugga, Sr. Stand i ng Counsel f or the appellant.

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M r. B.M. Monga, Advocate and M r. Rohit Kaura, Advocate f or the respondent.

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****

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SANJEEV PRAKASH SHARMA, J.(Oral)

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Couns e l for the appellant submits tha t in terms of the Circular issue d by the Government of India, Minis t ry of Finance, Department o f Reven u e, Central Board of Direct T a xes dated 17.09.2024 bearin g No.9/2 0 24, the monetary limits for filing of the appeals by th e depart m ent before the ITAT, High Co u rt and SLPs before the Suprem e Court has been enhanced and the Circular No.5/2024 has bee n amend e d and following steps have b een taken with the purpose t o manag e litigations:

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MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document

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ITA-136-2019 (O&M)

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Page 2 of 3

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“ 2. As a step towards ma n agement of litigation, it h as been decided by the Board to r e vise the monetary limits fo r filing of appeals in Income-tax cases as stated in Para 4 .1 of the aforementioned Circular as follows:

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S l. No.	Appeals/SLPs in Income-t ax 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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3. Monetary limits given in p aragraph 2 above with r egard to filing appeal/SLP shall b e applicable to all cases i n cluding those relating to TDS/T C S under the Income-tax A ct, 1961 with exceptions as pe r paras 3.1 and 3.2 of C ircular No 5/2024 dated 15.03.2 0 24, where the decision t o appeal/file SLP shall be taken o n merits, without regard t o the tax effect and the monetary l i mits.”

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The m o difications have come into eff e ct from the date of issuance o f Circul a r i.e. 17.09.2024, and therefor e shall apply to SLPs/appeals t o be file d before the Supreme Court, High Court and Tribunal and als o apply t o the appeals pending before t he Supreme Court, High Cour t and Tr i bunal, which have been directe d to be withdrawn.

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In vie w of aforesaid Circular No.09/20 2 4 dated 17.09.2024, as the cas e does n ot fall within the exception clause of Circular No.5/2024 , learne d counsel prays for withdrawal o f the present appeal.

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Accor d ingly, we allow the prayer as a b ove, and the appeal is dismisse d as withdrawn.

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MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document

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ITA-136-2019 (O&M)

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Page 3 of 3

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All p e nding applications also st a nd dismissed as withdraw n

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accord i ngly.

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(SANJEEV PRAKASH SHARMA) JUDGE

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(SANJAY VASHISTH) JUDGE

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September 19, 2024

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Mohit goyal

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1. Whether speaking/reasoned? r speaking/reasoned?

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1. Whether speaking/reasoned? r speaking/reasoned? Yes/No 2. Whether reportable? Yes/No

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MOHIT GOYAL 2024.09.20 10:21 I attest to the accuracy and integrity of this document

Pr. Commissioner of Income Tax (Central) v. M/S Sam Land Developers and Promoters Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Pr. Commissioner of Income Tax (Central) v. M/S Sam Land Developers and Promoters Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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