Income Tax Officer, Ward -3, Raigarh (C.g.).Income Tax Officer, Ward -3, Raigarh (C.g v. Along With Mr. Vijay Chawla, Advocate

Digitally signedSOURABHby SOURABHPATELPATELDate:2025.02.1217:13:55 +0530 2025:CGHC:7271-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TAXC No. 152 of 2024 Income Tax Officer, Ward -3, Raigarh (C.G.).Income Tax Officer, Ward -3, Raigarh (C.G.). ... Appellant versus Kailash Agrawal Prop. M/s Balaji Enterprises AndMantu Transport, House No.2, Kalindi Kunj, KabeerChowk, District Raigarh- 496001 (C.G.).Kailash Agrawal Prop. M/s Balaji Enterprises AndMantu Transport, House No.2, Kalindi Kunj, KabeerChowk, District Raigarh- 496001 (C.G.). ... Respondent For Appellant : Mr. Amit Chaudhari, Advocate along with Mr. Vijay Chawla, Advocate For Respondent : None. (Division Bench) Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (10.02.2025) Sanjay K. Agrawal, J 1. When case is taken for hearing and learned counsel forthe appellant would submit that the Government ofIndia, Ministry of Finance has issued a new circulardated 17.09.2024, in which monetary limits for filingthe appellant would submit that the Government ofIndia, Ministry of Finance has issued a new circulardated 17.09.2024, in which monetary limits for filing Income Tax Appeals by the 2024:CGHC:36953-DB 2 /4 department before the High Court has been enhancedto Rs.2 Crores, whereas in the present case the taxliability of assess is less than Rs.2 Crore. Therefore, inlight of aforesaid circular dated 17/09/2024, thepresent appeal may be disposed of finally. 2.The said prayer appears to be fair and reasonable. 3.For ready reference, relevant paragraphs of saidcircular dated 17/09/2024 is quoted hereinbelow: circular dated 17/09/2024 is quoted hereinbelow: “1.Reference is invited to Circular No 5/2024(F.No.279/Misc.142/2007-(F.No.279/Misc.142/2007- ITJ(Pt))dated15.03.2024 of Central Board ofDirect Taxes (the 'Board') vide which monetarylimits for filing of income tax appeals by theDepartment before Income Tax AppellateTribunal, High Courts and SLP/appeals beforeSupreme Court have been specified. Further,exceptions to the monetary limits were alsospecified vide paras 3.1 and 3.2 of the saidCircular. 2. As a step towards management of litigation,it has been decided by the Board to revise themonetary limits for filing of appeals in Income- tax cases as stated in Para 4.1 of theaforementioned Circular as follows:- 3. Monetary limits given in paragraph 2 abovewith regard to filing appeal/SLP shall beapplicable to all cases including those relatingto TDS/TCS under the Income-tax Act, 1961with exceptions as per paras 3.1 and 3.2 ofCircular No 5/2024 dated 15.03.2024, wherethe decision to appeal/file SLP shall be takenon merits, without regard to the tax effect andthe monetary limits. 4. It is clarified that an appeal should not befiled merely because the tax effect in a caseexceeds the monetary limits prescribed above.Filing of appeal in such cases is to be decidedon merits of the case. The officers concernedshall keep in mind the overall objective ofreducing unnecessary litigation and providingcertainty to taxpayers on their Income-taxassessments while taking a decision regardingfiling an appeal. 5. The modifications shall come into effectfrom the date of issue of this Circular. ThisCircular will apply to SLPs/appeals to be filedhenceforth in SC/HCs/Tribunal. It shall alsoapply to the SLPs/ appeals pending beforeSupreme Court/High Courts/Tribunal, whichmay accordingly be withdrawn. 6. The above may be brought to the notice ofall concerned. 2024:CGHC:36953-DB 4 / 4 7. This issues under section 268A of theIncometax Act, 1961. 8. Hindi version will follow.” 5. The modifications shall come into effectfrom the date of issue of this Circular. ThisCircular will apply to SLPs/appeals to be filedhenceforth in SC/HCs/Tribunal. It shall alsoapply to the SLPs/ appeals pending beforeSupreme Court/High Courts/Tribunal, whichmay accordingly be withdrawn. 6. The above may be brought to the notice ofall concerned. 2024:CGHC:36953-DB 4 / 4 7. This issues under section 268A of theIncometax Act, 1961. 8. Hindi version will follow.” 4. In view aforesaid submission of learned counsel forthe appellant where monetary limit (tax liability) in thepresent case is less than Rs.2 Crores therefore, in lightof aforesaid circular (Para-5) dated 17/09/2024, theinstant Tax Case stands disposed of. Sd/- Sd/- (Sanjay K. Agrawal) Judge (Sanjay Kumar Jaiswal) Judge