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The Pr. Commissioner Of Income Tax Raipur-1, C.g.the Pr. Commissioner Of Income Tax Raipur-1, C.g v. Digitallysigned Byprakash•Sanjog Jhabak L/H Late Shri Gautam Chand Jhabak, Jhabak Prakashkumarkumardate:2025.10.1018:08:48Bada, Kamasipara, Raipur, C.g

High Court 17 Sep 2024 In favour of: Unclear
Forum / Bench
High Court · cghccisdb
Parties
The Pr. Commissioner Of Income Tax Raipur-1, C.g.the Pr. Commissioner Of Income Tax Raipur-1, C.g v. Digitallysigned Byprakash•Sanjog Jhabak L/H Late Shri Gautam Chand Jhabak, Jhabak Prakashkumarkumardate:2025.10.1018:08:48Bada, Kamasipara, Raipur, C.g
Date of order
17 Sep 2024
Assessment year(s)
Outcome
Other

The order — as passed by the High Court

Case summary

In The Pr. Commissioner Of Income Tax Raipur-1, C.g.the Pr. Commissioner Of Income Tax Raipur-1, C.g v. Digitallysigned Byprakash•Sanjog Jhabak L/H Late Shri Gautam Chand Jhabak, Jhabak Prakashkumarkumardate:2025.10.1018:08:48Bada, Kamasipara, Raipur, C.g, the High Court (2024) 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:50543-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TAXC No. 164 of 2025 The Pr. Commissioner of Income Tax Raipur-1, C.G.The Pr. Commissioner of Income Tax Raipur-1, C.G. ---Appellant versus Digitallysigned byPRAKASH•Sanjog Jhabak L/h Late Shri Gautam Chand Jhabak, Jhabak PRAKASHKUMARKUMARDate:2025.10.1018:08:48Bada, Kamasipara, Raipur, C.G. 492001 (Pan- )+0530 --- Respondent TAXC No. 170 of 2025 The Pr. Commissioner of Income Tax Raipur-1, (C.G.)The Pr. Commissioner of Income Tax Raipur-1, (C.G.) ---Appellant Versus Smt. Pushpa Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 PAN - ACTPJ5816ESmt. Pushpa Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 PAN - --- Respondent TAXC No. 169 of 2025 The Pr. Commissioner of Income Tax Raipur- 1, (C.G.)The Pr. Commissioner of Income Tax Raipur- 1, (C.G.) ---Appellant Versus Sampat Lal Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- ACTPJ5813BSampat Lal Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- --- Respondent Respondent TAXC No. 166 of 2025 The Pr. Commissioner of Income Tax, Raipur-1, (C.G.)The Pr. Commissioner of Income Tax, Raipur-1, (C.G.) ---Appellant Versus Smt. Tilottma Jhabak, Jhabak Bada, Kamasipara, Raipur (C.G.) 492001 Pan-ACTPJ5814GSmt. Tilottma Jhabak, Jhabak Bada, Kamasipara, Raipur (C.G.) 492001 Pan- --- Respondent TAXC No. 167 of 2025 The Pr. Commissioner of Income Tax Raipur-1, (C.G.)The Pr. Commissioner of Income Tax Raipur-1, (C.G.) ---Appellant Versus Sanjog Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan-ADNPJ2775KSanjog Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- --- Respondent TAXC No. 168 of 2025 The Pr. Commissioner of Income Tax Raipur-1, (C.G.)The Pr. Commissioner of Income Tax Raipur-1, (C.G.) ---Appellant Versus Sanket Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- AEQPJ7137MSanket Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- --- Respondent TAXC No. 171 of 2025 The Pr. Commissioner of Income Tax, Raipur- 1, (C.G.)The Pr. Commissioner of Income Tax, Raipur- 1, (C.G.) ---Appellant Versus Smt. Sushila Devi Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- AESPJ9825LSmt. Sushila Devi Jhabak Jhabak Bada, Kamasipara, Raipur, (C.G.) 492001 Pan- --- Respondent For Appellant:Mr. Amit Chaudhari and Mr. Ajay Kumrani, AdvocatesKumrani, AdvocatesFor Respondents:Mr. Nikhilesh Begani and Mr. Apurva Goyal, Advocates.Goyal, Advocates. Hon'ble Shri Sanjay K. Agrawal andHon'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. 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. 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: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.(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 limits for filing of appeals in Income-tax cases as stated in Para 4.1 of the aforementioned Circular as follows:- 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. 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
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