Allowed

The Pr. Commissioner of Income TAX-1, Chandigarh v. Arshpreet Singh

Punjab & Haryana HC15 Oct 2024ITA/204/2023

Case brief

AI extract

What is this about?

This order records the dismissal of an income-tax appeal on the ground that the Department withdrew it following Circular No.9/2024 which enhanced monetary limits for appeals. The High Court allowed the Department's application and dismissed the pending appeal as withdrawn.

What did the court decide?

Application for withdrawal of appeal allowed; appeal stands dismissed as withdrawn.

The Pr. Commissioner of Income TAX-1, Chandigarh Vs… — Income Tax | Punjab & Haryana HC (2024)

¶1

ITA-204-2023 (O&M)

¶2

Page 1 of 3

¶3

105-1

¶4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

ITA-204-2023 (O&M) Date of Decision: 15.10.2024

¶6

THE PR. CO M MISSIONER OF INCOME T A X-1, CHANDIGARH

. . . . Appellan t

Vs.

ARSHPREE T SINGH

. . . . Responden t **_****_ CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE ALOK JAIN ******

¶11

Present: M r. Vaibhav Gupta, Standing C o unsel for M r. Yogesh Putney, Sr. Standin g Counsel f or the appellant/Revenue.

¶12

M r. Manpreet Kanda, Advocate f or the respondent.

¶13

****

¶14

SANJEEV PRAKASH SHARMA, J.(Oral)

¶15

Applic a tion No.CM-17624-CII-2024 h as been filed by the appellan t prayin g for dismissal of appeal in vie w of Circular bearing No.9/202 4 dated 17.09.2024 issued by the Central Board of Direct Taxes.

¶16

He su b mits that in view of the said c ircular, the monetary limits fo r filing o f the appeals by the depar t ment before the Income Ta x Appell a te Tribunal, High Court and S L P/Appeals before the Suprem e Court have 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:

¶17

MOHIT GOYAL 2024.10.15 17:33 I attest to the accuracy and integrity of this document

¶18

ITA-204-2023 (O&M)

¶19

Page 2 of 3

¶20

“ 2. As a step tow a rds management of l itigation, it has been decided b y the Board to revise t he monetary limits for filing of appeals in Income-tax c ases as stated in Para 4.1 o f the aforementioned C ircular as follows:

¶21

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

¶22

3. Monetary limits given in paragraph 2 above w ith regard to filing appeal/SL P shall be applicable to a ll cases including those relati n g to TDS/TCS under t he Income-tax Act, 1961 with e x ceptions as per paras 3 .1 and 3.2 of Circular No 5/2 0 24 dated 15.03.2024, w here the decision to appeal/file SLP shall be taken on m erits, without regard to th e tax effect and the m onetary limits.”

¶23

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.

¶24

MOHIT GOYAL 2024.10.15 17:33 I attest to the accuracy and integrity of this document

¶25

ITA-204-2023 (O&M)

¶26

Page 3 of 3

¶27

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.

¶28

Accor d ingly, we allow the prayer a s above, and the applicatio n No.C M -17624-CII-2024 stands allowe d .

¶29

Conse q uently, appeal stands dismissed as withdrawn.

¶30

All pe n ding applications also stand dis p osed of accordingly.

¶31

(SANJEEV PRAKASH SHARMA) JUDGE

(ALOK JAIN)

JUDGE

October 15, 2024

Mohit goyal

1. Whether speaking/reasoned?

¶37

2. Whether reportable?

¶38

Yes/No Yes/No

¶39

MOHIT GOYAL 2024.10.15 17:33 I attest to the accuracy and integrity of this document

The Pr. Commissioner of Income TAX-1, Chandigarh v. Arshpreet Singh

Case brief

What is this about?

What did the court decide?

The Pr. Commissioner of Income TAX-1, Chandigarh v. Arshpreet Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kiran Gupta Vs Union of India and Others

Mukesh Gupta Vs Union of India and Others

Carlsberg India Private Limited Vs State of Haryana and Another

The Pr. Commissioner of Income Tax Faridabad Vs M/S Nhpc Ltd.

M/S Bhawani Shanker Castings Ltd. Vs Commisioner of Central Excise

Principal Commissioner of Central Excise and Service Tax, Ludhiana Vs M/S Davinder Sandhu Impex Ltd.