Disposed

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

Punjab & Haryana HC15 Oct 2024ITA/457/2019

Case brief

AI extract

What is this about?

This order allowed the withdrawal of an Income-tax appeal by the Revenue. The court held that the recent Central Board of Direct Taxes Circular No. 9/2024 enhanced monetary limits for appeals, qualifying the case for withdrawal.

What did the court decide?

Allow prayer for withdrawal; appeal dismissed as withdrawn; pending applications disposed of.

The Pr. Commissioner of Income Tax… — Civil Procedure and Limitation | Punjab & Haryana HC (2024)

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ITA-457-2019 (O&M)

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Page 1 of 3

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288-16

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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*******

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ITA-457-2019 (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-457-2019 (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 man agement of l	itigation, it
h as been	decided by the Board to re vise the mon	etary limits
fo r filing	of appeals in Income-tax cases as sta	ted in Para
4 .1 of the	aforementioned Circular as follows:
S l. No.	Appeals/SLPs in Income-t ax matters	Monetary (Tax effect i	Limit n 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-457-2019.

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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-457-2019 (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? 2. Whet h er reportable?

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Yes/No

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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. Chief 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. Chief Financial Officer, Patiala

Case brief

What is this about?

What did the court decide?

What the court decided

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