THE PR. COMMISSIONER OF INCOME TAX (CENTRAL), GURUGRAM v. SOURABH AGGARWAL
ITA/93/2023 · 2025-09-15
Lisa Gill, Meenakshi I Mehta
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37016 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37016 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
104
IN THE HIGH COURT OF PUNJAB AND HARYANA
The Principal Commissioner of Income Tax
Sourabh Aggarwal
CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
HON’BLE M
Present: M
SANJEEV PRAKASH SHARMA, J.(Oral)
1. Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court has been enhanced and the Circular No.5/2024 has been amended and following steps have been taken with the purpose to manage litigations:
“ 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of appeals in Income aforementioned Circular S
1. 2. 3. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA Date of
The Principal Commissioner of Income Tax
Vs. Sourabh Aggarwal
HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHIST Ms. Urvashi Dhugga. Sr. Standing Counsel
*** SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court has been enhanced and the Circular No.5/2024 has been amended and following steps een taken with the purpose to manage litigations:
“ 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of appeals in Income-tax cases as stated in Para 4.1 of the aforementioned Circular as follows: Sr. No. Appeals/SLPs in Income ters
1. Before Income Tax Appellate Tr bunal
2. Before High Court
3. Before Supreme Court IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-93-2023 (O&M) Date of Decision: 19.09.2024
…Appellant
…Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SANJAY VASHISTH Standing Counsel for the appellant.
SANJEEV PRAKASH SHARMA, J.(Oral) Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court has been enhanced and the Circular No.5/2024 has been amended and following steps een taken with the purpose to manage litigations:
“ 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of tax cases as stated in Para 4.1 of the as follows: Appeals/SLPs in Income-tax mat- Monetary Limit (Tax effect in Rs.) Before Income Tax Appellate Tri- 60 lakh 2 crore 5 crore
Counsel for the appellant submits that in terms of the Circular issued by the Government of India, Ministry of Finance, Department of Taxes dated 17.09.2024 bearing No.9/2024, the monetary limits for filing of the appeals by the department before the ITAT, High Court and SLPs before the Supreme Court has been enhanced and the Circular No.5/2024 has been amended and following steps
“ 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of tax cases as stated in Para 4.1 of the RAJESH KUMAR 2024.09.23 13:07 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh. ITA-93-2023 (O&M)
[2]
3. Monetary limits given in paragraph 2 above with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, 1961 with exceptions as per paras 3.1 and 3.2 of Circular No 5/2024 dated 15.03.2024, where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits.”
2.
The modifications have come into effect from the date of issuance of Circular i.e. 17.09.2024, and therefore shall apply to SLPs/appeals to be filed before the Supreme Court, High Court and Tribunal and also apply to the appeals pending before the Supreme Court, High Court and Tribunal, which have been directed to be withdrawn. 3. In view of aforesaid Circular No.09/2024 dated 17.09.2024, as the case does not fall within the exception clause of Circular No.5/2024,
learned counsel prays for withdrawal of the present appeal.
4.
Accordingly, we allow the prayer as above, and the appeal is dismissed as withdrawn.
5.
All pending applications also stand disposed of accordingly.
(SANJEEV PRAKASH SHARMA) JUDGE
(SANJAY VASHISTH)
JUDGE 19.09.2024 rajesh
1. Whether speaking/reasoned? : Yes/No
2. Whether reportable?
: Yes/No
RAJESH KUMAR 2024.09.23 13:07 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.