The Deputy Commisioner Of Income Tax (Central) Aayakarbhawan, Central Revenue Building, Civil Lines Raipurchhattisgarh.the Deputy Commisioner Of Income Tax (Cen v. Taxc

Digitallysigned bySOURABHSOURABHPATELPATELDate:2025.03.2709:36:10+0530 2025:CGHC:14412-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPURTAXC No. 2 of 2022 The Deputy Commisioner Of Income Tax (Central) AayakarBhawan, Central Revenue Building, Civil Lines RaipurChhattisgarh.The Deputy Commisioner Of Income Tax (Central) AayakarBhawan, Central Revenue Building, Civil Lines RaipurChhattisgarh. --- Appellant versus Mahalaxmi Technocast Ltd. Mahamaya Tower, 3rd And 4thFloor, In Front Of Anupam Nagar, Near Varun Honda, G.E.Road, Raipur Chhattisgarh.Mahalaxmi Technocast Ltd. Mahamaya Tower, 3rd And 4thFloor, In Front Of Anupam Nagar, Near Varun Honda, G.E.Road, Raipur Chhattisgarh. --- Respondent Respondent TAXC No. 6 of 2022 The Deputy Commisioner Of Income Tax (Central) Aayakar Bhawan, Central Revenue Building, Civil Lines, Raipur (C.G.).The Deputy Commisioner Of Income Tax (Central) Aayakar Bhawan, Central Revenue Building, Civil Lines, Raipur (C.G.). ---Appellant Versus Mahalaxmi Technocast Ltd. Mahamaya Tower, 3rd And 4thFloor, In Front Of Anupam Nagar, Near Varun Honda, G.E.Road, Raipur (C.G.).Mahalaxmi Technocast Ltd. Mahamaya Tower, 3rd And 4thFloor, In Front Of Anupam Nagar, Near Varun Honda, G.E.Road, Raipur (C.G.). --- Respondent For Appellant : Mr. Vijay Chawla, Advocate on behalf of Mr. Amit Chaudhari, Advocate.Mr. Amit Chaudhari, Advocate. For Respondent : Mr. Anand Dadariya, Advocate. DB: Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar JaiswalOrder on Board(26.03.2025) Sanjay K. Agrawal, J 1. When case is taken for hearing and learned counsel forthe appellant would submit that the Government of India,Ministry of Finance has issued a new circular dated17.09.2024, in which monetary limits for filing Income TaxAppeals by the department before the High Court has beenenhanced to Rs.2 Crores, whereas in the present case thetax liability of assess is less than Rs.2 Crore. Therefore, inlight of aforesaid circular dated 17/09/2024, the presentappeal may be disposed of finally. the appellant would submit that the Government of India,Ministry of Finance has issued a new circular dated17.09.2024, in which monetary limits for filing Income TaxAppeals by the department before the High Court has beenenhanced to Rs.2 Crores, whereas in the present case thetax liability of assess is less than Rs.2 Crore. Therefore, inlight of aforesaid circular dated 17/09/2024, the presentappeal 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)(F.No.279/Misc.142/2007-ITJ(Pt) dated15.03.2024 of Central Board of Direct Taxes(the 'Board') vide which monetary limits for filing ofincome tax appeals by the Department beforeIncome Tax Appellate Tribunal, High Courts andSLP/appeals before Supreme Court have beenspecified. Further, exceptions to the monetarylimits were also specified vide paras 3.1 and 3.2 ofthe said Circular. 2. As a step towards management of litigation, ithas been decided by the Board to revise themonetary limits for filing of appeals in Income-taxcases as stated in Para 4.1 of the aforementionedCircular as follows:- 3. Monetary limits given in paragraph 2 above withregard to filing appeal/SLP shall be applicable toall cases including those relating to TDS/TCSunder the Income-tax Act, 1961 with exceptions asper paras 3.1 and 3.2 of Circular No 5/2024 dated15.03.2024, where the decision to appeal/file SLPshall be taken on merits, without regard to the taxeffect and the monetary limits. 2. As a step towards management of litigation, ithas been decided by the Board to revise themonetary limits for filing of appeals in Income-taxcases as stated in Para 4.1 of the aforementionedCircular as follows:- 3. Monetary limits given in paragraph 2 above withregard to filing appeal/SLP shall be applicable toall cases including those relating to TDS/TCSunder the Income-tax Act, 1961 with exceptions asper paras 3.1 and 3.2 of Circular No 5/2024 dated15.03.2024, where the decision to appeal/file SLPshall be taken on merits, without regard to the taxeffect and the monetary limits. 4. It is clarified that an appeal should not be filedmerely because the tax effect in a case exceeds themonetary limits prescribed above. Filing of appealin such cases is to be decided on merits of thecase. The officers concerned shall keep in mind theoverall objective of reducing unnecessary litigationand providing certainty to taxpayers on theirIncome-tax assessments while taking a decisionregarding filing an appeal. 5. The modifications shall come into effect fromthe date of issue of this Circular. This Circular willapply to SLPs/appeals to be filed henceforth inSC/HCs/Tribunal. It shall also apply to the SLPs/appeals pending before Supreme Court/HighCourts/Tribunal, which may accordingly bewithdrawn. Sourabh P. 6. The above may be brought to the notice of allconcerned. 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 for theappellant 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. Sd/- Sd/- (Sanjay K. Agrawal) (Sanjay Kumar Jaiswal) Judge Judge