Allowed

The Pr. Commissioner of Income Tax, Patiala v. M/S Punjab State Power Corporation Ltd. Chef Financial Officer, Patiala

Punjab & Haryana HC15 Oct 2024ITA/31/2020

Case brief

AI extract

What is this about?

The High Court allowed the appellant's prayer to withdraw an appeal against an order of the CIT due to enhanced monetary limits for filing appeals, as per the Government of India's Circular No.09/2024 dated 17.09.2024.

What did the court decide?

The prayer to withdraw the appeal was allowed. The appeal was dismissed as withdrawn. Pending applications stood disposed of.

The Pr. Commissioner of Income Tax… — Writ and Judicial Review | Punjab & Haryana HC (2024)

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ITA-31-2020 (O&M)

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Page 1 of 3

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288-15

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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ITA-31-2020 (O&M)

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Date of Decision: 15.10.2024

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PR. COMMI S SIONER OF INCOME TAX, P ATIALA

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. . . . Appellan t

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Vs.

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PUNJAB ST A TE POWER CORPORATION LTD., PATIALA

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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 ALOK JAIN ******

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Present: M r. Saurabh Kapoor, Sr. Standi n g Counsel f or the appellant/Revenue.

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M s. Radhika Suri, Sr. Advocate w ith M s. Parnika Singla, Advocate a n d M r. Abhinav Narang, Advocate f or the respondent.

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SANJEEV PRAKASH SHARMA, J.(Oral)

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Couns e l for the appellant submits that in terms of the Circular bearin g No.9/2 0 24 dated 17.09.2024 issued by the Government of India , Minist r y of Finance, Department of R e venue, Central Board of Direc t Taxes, the monetary limits for filing of the appeals by the departmen t before the ITAT, High Court and SL P s/Appeals before the Suprem e Court have been enhanced and the Circular No.5/2024 has bee n

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PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

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ITA-31-2020 (O&M)

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Page 2 of 3

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amend e d and following steps have b een taken with the purpose t o

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manag e litigations:

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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 appeal No.ITA-31-2020.

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PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

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ITA-31-2020 (O&M)

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Page 3 of 3

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

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as withdrawn.

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

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(SANJEEV PRAKASH SHARMA) JUDGE

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(ALOK JAIN) JUDGE

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October 15, 2024 parul

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1. Whet h er speaking/reasoned? Yes/No 2. Whet h er reportable? Yes/No

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PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document

The Pr. Commissioner of Income Tax, Patiala v. M/S Punjab State Power Corporation Ltd. Chef Financial Officer, Patiala

Case brief

What is this about?

What did the court decide?

The Pr. Commissioner of Income Tax, Patiala v. M/S Punjab State Power Corporation Ltd. Chef Financial Officer, Patiala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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