Pr. Commissioner Of Income Tax 1 Raipur (C.g.)Pr. Commissioner Of Income Tax 1 Raipur (C.g v. Arihant Jewellers Private Limited
High Court
05 May 2025 In favour of: Unclear
Forum / Bench
High Court · cghccisdb
Parties
Pr. Commissioner Of Income Tax 1 Raipur (C.g.)Pr. Commissioner Of Income Tax 1 Raipur (C.g v. Arihant Jewellers Private Limited
Date of order
05 May 2025
Assessment year(s)
—
Outcome
Other
The order — as passed by the High Court
Case summary
In Pr. Commissioner Of Income Tax 1 Raipur (C.g.)Pr. Commissioner Of Income Tax 1 Raipur (C.g v. Arihant Jewellers Private Limited, 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
2025:CGHC:20381-DB
NAFR
PRIYANKAHIGH COURT OF CHHATTISGARH AT BILASPURVERMA
Digitally signed byPRIYANKA VERMADate: 2025.05.0618:44:41 +0530TAXC No. 80 of 2022
Pr. Commissioner Of Income Tax 1 Raipur (C.G.)Pr. Commissioner Of Income Tax 1 Raipur (C.G.)
... Appellant
versus
Arihant Jewellers Private Limited 2/6 Akash Ganga, Supela, BhilaiDistrict - Durg (C.G.)Arihant Jewellers Private Limited 2/6 Akash Ganga, Supela, BhilaiDistrict - Durg (C.G.)
... Respondent
For Appellant :Mr. Ajay Kumrani, AdvocateFor Respondent:Mr. S. Rajeshwara Rao, Advocate
05.05.2025
DIVISION BENCH
Hon'ble Shri Sanjay K. Agrawal &
Hon'ble Shri Deepak Kumar Tiwari, JJ.
Order on Board
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 dated17.09.2024, in which monetary limitsfor filingIncomeappellant would submit that the Government of India,Ministry of Finance has issued a new circular dated17.09.2024, in which monetary limitsfor filingIncome
Tax 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 CircularNo.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 Boardto revise the monetary limits for filing ofappeals in Income-tax cases as stated inPara 4.1 of the aforementioned Circular asfollows:-
3. Monetary limits given in paragraph 2above 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 suchcases 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 the
SLPs/ appeals pending before Supreme
Court/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 the
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 aforesaidcircular (Para-5) dated 17/09/2024, the instant Tax Casestands disposed of.case is less than Rs.2 Crores therefore, in light of aforesaidcircular (Para-5) dated 17/09/2024, the instant Tax Casestands disposed of.
Sd/-
Sd/-
(Sanjay K. Agrawal) (Deepak Kumar Tiwari)
Judge
Judge
SLPs/ appeals pending before Supreme
Court/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 the
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 aforesaidcircular (Para-5) dated 17/09/2024, the instant Tax Casestands disposed of.case is less than Rs.2 Crores therefore, in light of aforesaidcircular (Para-5) dated 17/09/2024, the instant Tax Casestands disposed of.
Sd/-
Sd/-
(Sanjay K. Agrawal) (Deepak Kumar Tiwari)
Judge
Judge
Priyanka
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