Revenue's income-tax appeal was withdrawn in view of CBDT Circular No.09/2024 dated 17.09.2024 raising monetary limits for filing appeals; counsel submitted the case did not fall within the exception clause of Circular No.5/2024.
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.
ITA- 458-2019 (O&M)
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288-18
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ITA-458-2019 (O&M)
Date of Decision: 15.10.2024
PR. COMMI S SIONER OF INCOME TAX, P ATIALA
. . . . Appellan t
Vs.
PUNJAB ST A TE POWER CORPORATION LTD., PATIALA
. . . . Responden t
****
CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE ALOK JAIN
Present: M r. Saurabh Kapoor, Sr. Standi n g Counsel f or the appellant/Revenue.
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.
SANJEEV PRAKASH SHARMA, J.(Oral)
PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document
ITA- 458-2019 (O&M)
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amend e d and following steps have b een taken with the purpose t o
manag e litigations:
| “ | 2. As a step towards man agement of l |
itigation, it | |
|---|---|---|---|
| h fo as been r filing |
decided by the Board to re of appeals in Income-tax vise the mon cases as sta |
etary limits 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 |
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.”
PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document
ITA- 458-2019 (O&M)
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(SANJEEV PRAKASH SHARMA) JUDGE
(ALOK JAIN) JUDGE
October 15, 2024 parul
1. Whet h er speaking/reasoned? Yes/No 2. Whet h er reportable? Yes/No
PARUL 2024.10.18 12:57 I attest to the accuracy and authenticity of this document
Pr. Commissioner of Income Tax, Patiala
Punjab State Power Corporation Ltd., Patiala
Sanjeev Prakash Sharma
Alok Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
