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High Court of Chhattisgarh · body

2025 DAILYLAW 52053 (CHH)

THE PR. COMMISSIONER OF INCOME TAX v. SAMPAT LAL JHABAK

TAXC/169/2025 · 2025-10-09

Shri Radhakishan Agrawal, Shri Sanjay K Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:50543-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TAXC No. 164 of 2025 • The Pr. Commissioner of Income Tax Raipur-1, C.G. ---Appellant versus • Sanjog Jhabak L/h Late Shri Gautam Chand Jhabak, Jhabak Bada, Kamasipara, Raipur, C.G. 492001 (Pan-ACIPJ2421J) --- Respondent TAXC No. 170 of 2025 • The Pr. Commissioner of Income Tax Raipur-1, (C.G.) ---Appellant Versus • Smt. Pushpa Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 PAN - ACTPJ5816E --- Respondent TAXC No. 169 of 2025 • The Pr. Commissioner of Income Tax Raipur- 1, (C.G.) ---Appellant Versus • Sampat Lal Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- ACTPJ5813B --- Respondent TAXC No. 166 of 2025 • The Pr. Commissioner of Income Tax, Raipur-1, (C.G.) ---Appellant PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2025.10.10 18:08:48 +0530 2 Versus • Smt. Tilottma Jhabak, Jhabak Bada, Kamasipara, Raipur (C.G.) 492001 Pan-ACTPJ5814G --- Respondent TAXC No. 167 of 2025 • The Pr. Commissioner of Income Tax Raipur-1, (C.G.) ---Appellant Versus • Sanjog Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan-ADNPJ2775K --- Respondent TAXC No. 168 of 2025 • The Pr. Commissioner of Income Tax Raipur-1, (C.G.) ---Appellant Versus • Sanket Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- AEQPJ7137M --- Respondent TAXC No. 171 of 2025 • The Pr. Commissioner of Income Tax, Raipur- 1, (C.G.) ---Appellant Versus • Smt. Sushila Devi Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- AESPJ9825L --- Respondent For Appellant : Mr. Amit Chaudhari and Mr. Ajay Kumrani, Advocates For Respondents : Mr. Nikhilesh Begani and Mr. Apurva Goyal, Advocates. 3 Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Radhakishan Agrawal, JJ. Judgment on Board (10.10.2025) Sanjay K. Agrawal, J. 1. When the cases are taken up for hearing, learned counsel for the appellant would submit that the Government of India, Ministry of Finance has issued a new circular dated 17.09.2024, in which monetary limits for filing Income Tax Appeals by the department before the High Court has been enhanced to Rs.2 Crores, whereas in the present case the tax liability of assess is less than Rs. 2 Crore. Therefore, in light of aforesaid circular dated 17.09.2024, the present appeals may be disposed of finally. 2. The said prayer appears to be fair and reasonable. 3. For ready reference, relevant paragraphs of said circular dated 17.09.2024 is quoted herein-below: “1. Reference is invited to Circular No. 5/2024 (F.No.279/Misc.142/2007-ITJ(Pt))dated 15.03.2024 of Central Board of Direct Taxes (the 'Board') vide which monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLP/appeals before Supreme Court have been specified. Further, exceptions to the monetary limits were also specified vide paras 3.1 and 3.2 of the said Circular. 2. As a step towards management of litigation, it has been decided by the Board to revise the monetary 4 limits for filing of appeals in Income-tax cases as stated in Para 4.1 of the aforementioned Circular as follows:- S. No. Appeals/SLPs in Income-Tax matters Monetary Limit (Tax effect in Rs.) 1. Before Income Tax Appellate Tribunal 60 lakh 2. Before High Court 2 crore 3. Before Supreme Court 5 crore 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. 4. It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case. The officers concerned shall keep in mind the overall objective of reducing unnecessary litigation and providing certainty to taxpayers on their Income-tax assessments while taking a decision regarding filing an appeal. 5. The modifications shall come into effect from the date of issue of this Circular. This Circular will apply to SLPs/appeals to be filed henceforth in SC/HCs/Tribunal. It shall also apply to the SLPs/ appeals pending before Supreme Court/High Courts/Tribunal, which may accordingly be withdrawn. 6. The above may be brought to the notice of all concerned. 7. This issues under section 268A of the Income-tax Act, 1961. 5 8. Hindi version will follow. ” 4. In view aforesaid submission of learned counsel for the appellant where monetary limit (tax liability) in the present cases is less than Rs.2 Crores, therefore, in light of aforesaid circular (Para-5) dated 17.09.2024, the instant Tax Cases stand disposed of finally as withdrawn. Sd/- Sd/- (Sanjay K. Agrawal) (Radhakishan Agrawal) Judge Judge Prakash