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Income Tax Officer (1), Bilaspur, Chhattisgarh.income Tax Officer (1), Bilaspur, Chhattisgarh v. For

High Court 01 May 2025 In favour of: Unclear
Forum / Bench
High Court · cghccisdb
Parties
Income Tax Officer (1), Bilaspur, Chhattisgarh.income Tax Officer (1), Bilaspur, Chhattisgarh v. For
Date of order
01 May 2025
Assessment year(s)
2012-13
Outcome
Other

The order — as passed by the High Court

Case summary

In Income Tax Officer (1), Bilaspur, Chhattisgarh.income Tax Officer (1), Bilaspur, Chhattisgarh v. For, the High Court (2025) decided the matter under Section 268A of the Income-tax Act.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

Sections referenced in this judgment

PRIYANKAVERMA Digitally signed byPRIYANKA VERMADate: 2025.05.0118:17:23 +0530 2025:CGHC:19825-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TAXC No. 23 of 2025 Income Tax Officer (1), Bilaspur, Chhattisgarh.Income Tax Officer (1), Bilaspur, Chhattisgarh. ... Appellant versus Shri Ajay Kumar Flat No. 2, Block No. 20, Railway North Colony,11, Gardan Reach Road, Kolkata- 700043 Chhattisgarh, 492001.A.Y. 2012-13, Pan- AJQPK2968QShri Ajay Kumar Flat No. 2, Block No. 20, Railway North Colony,11, Gardan Reach Road, Kolkata- 700043 Chhattisgarh, 492001.A.Y. 2012-13, Pan- ... Respondent For Appellant :Mr. Ajay Kumrani, AdvocateMr. Ajay Kumrani, Advocate DIVISION BENCH Hon'ble Shri Sanjay K. Agrawal & Hon'ble Shri Deepak Kumar Tiwari, JJ. Order on Board 01.05.2025 Sanjay K. Agrawal, J. 1. When case is taken for hearing learned counsel for theappellant would submit that the Government of India,Ministry of Finance has issued a new circular datedappellant would submit that the Government of India,Ministry of Finance has issued a new circular dated 17.09.2024, in which monetary limitsfor filingIncomeTax Appeals by the department before the High Courthas been enhanced to Rs.2 Crores, whereas in the presentcase the tax liability of assess is less than Rs.2 Crore.Therefore, in light of aforesaid circular dated 17/09/2024,the present appeal may be disposed of finally. 2. The said prayer appears to be fair and reasonable. 3.For ready reference, relevant paragraphs of said circulardated 17/09/2024 is quoted hereinbelow:dated 17/09/2024 is quoted hereinbelow: “1. Reference is invited to Circular No.5/2024(F.No.279/Misc.142/2007- ITJ(Pt)) dated15.03.2024 of Central Boardof Direct Taxes (the 'Board') vide whichmonetary limits for filing of income taxappeals by the Department before IncomeTax Appellate Tribunal, High Courts andSLP/appeals before Supreme Court havebeen specified. Further, exceptions to themonetary limits were also specified videparas 3.1 and 3.2 of the said Circular. 2. As a step towards management oflitigation, it has been decided by the Boardlitigation, it has been decided by the Board to revise the monetary limits for filing ofappeals in Income-tax cases as stated inPara 4.1 of the aforementioned Circular as follows:- 3. Monetary limits given in paragraph 2 above with regard to filing appeal/SLPshall be applicable to all cases includingthose relating to TDS/TCS under theIncome-tax Act, 1961 with exceptions asper paras 3.1 and 3.2 of Circular No 5/2024dated 15.03.2024, where the decision toappeal/file SLP shall be taken on merits,without regard to the tax effect and themonetary limits. 4. It is clarified that an appeal should notbe filed merely because the tax effect in acase exceeds the monetary limitsprescribed above. Filing of appeal in such cases is to be decided on merits of thecase. The officers concerned shall keep inmind the overall objective of reducingunnecessary litigation and providingcertainty to taxpayers on their Income-taxassessments while taking a decisionregarding filing an appeal. 5. The modifications shall come intoeffect from the date of issue of thisCircular. This Circular will apply toSLPs/appeals to be filed henceforth inSC/HCs/Tribunal. It shall also apply to theSLPs/ appeals pending before SupremeCourt/High Courts/Tribunal, which mayaccordingly be withdrawn. 6. The above may be brought to the noticeof all concerned.of all concerned. 7. This issues under section 268A of theIncome- tax Act, 1961.Income- tax Act, 1961. 8. Hindi version will follow.” 4. In view aforesaid submission of learned counsel for the appellant where monetary limit (tax liability) in the presentcase is less than Rs.2 Crores therefore, in light of aforesaid 5 circular (Para-5) dated 17/09/2024, the instant Tax Case stands disposed of. Sd/- Sd/- 5. The modifications shall come intoeffect from the date of issue of thisCircular. This Circular will apply toSLPs/appeals to be filed henceforth inSC/HCs/Tribunal. It shall also apply to theSLPs/ appeals pending before SupremeCourt/High Courts/Tribunal, which mayaccordingly be withdrawn. 6. The above may be brought to the noticeof all concerned.of all concerned. 7. This issues under section 268A of theIncome- tax Act, 1961.Income- tax Act, 1961. 8. Hindi version will follow.” 4. In view aforesaid submission of learned counsel for the appellant where monetary limit (tax liability) in the presentcase is less than Rs.2 Crores therefore, in light of aforesaid 5 circular (Para-5) dated 17/09/2024, the instant Tax Case stands disposed of. Sd/- Sd/- (Sanjay K. Agrawal) (Deepak Kumar Tiwari) Judge Judge Priyanka
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