The Pr. Commissioner Of Income Tax Raipur v. Shivali Udyog (I) Private Limited Plot

Digitally signedSOURABHby SOURABHPATELPATELDate:2025.02.1217:13:53 +0530 2025:CGHC:7268-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TAXC No. 197 of 2023 The Pr. Commissioner Of Income Tax Raipur-1, District Raipur,Chhattisgarh.The Pr. Commissioner Of Income Tax Raipur-1, District Raipur,Chhattisgarh. ... Appellant versus Shivali Udyog (I) Private Limited Plot No. 324, Sector-D UrlaIndustrial Area, Raipur, Chhattisgarh, 492001.Shivali Udyog (I) Private Limited Plot No. 324, Sector-D UrlaIndustrial Area, Raipur, Chhattisgarh, 492001. ... Respondent For Appellant :Mr. Amit Chaudhari, Advocate along with Mr. Vijay Chawla, Advocatealong with Mr. Vijay Chawla, AdvocateFor Respondent :None. (Division Bench) Hon'ble Shri Justice Sanjay K. AgrawalHon'ble Shri Justice Sanjay Kumar JaiswalOrder on Board(10.02.2025) Sanjay K. Agrawal, J 1. When case is taken for hearing and learned counsel for theappellant would submit that the Government of India, Ministry ofFinance has issued a new circular dated 17.09.2024, in whichmonetary limits for filing Income Tax Appeals by the2024:CGHC:36953-DB 2 / 4 department before the High Court hasbeen enhanced to Rs.2 Crores, whereas in the present case the taxliability of assess is less than Rs.2 Crore. Therefore, in light ofappellant would submit that the Government of India, Ministry ofFinance has issued a new circular dated 17.09.2024, in whichmonetary limits for filing Income Tax Appeals by the2024:CGHC:36953-DB 2 / 4 department before the High Court hasbeen enhanced to Rs.2 Crores, whereas in the present case the taxliability of assess is less than Rs.2 Crore. Therefore, in light of aforesaid circular dated 17/09/2024, the present appeal may bedisposed of finally. 2.The said prayer appears to be fair and reasonable. 3.For ready reference, relevant paragraphs of said circular dated17/09/2024 is quoted hereinbelow: 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 ofCentral Board of Direct Taxes (the 'Board') vide whichmonetary limits for filing of income tax appeals by theDepartment before Income Tax Appellate Tribunal, HighCourts and SLP/appeals before Supreme Court havebeen specified. Further, exceptions to the monetary limitswere also specified vide paras 3.1 and 3.2 of the saidCircular. 2. As a step towards management of litigation, it hasbeen decided by the Board to revise the monetary limitsfor filing of appeals in Income-tax cases as stated in Para4.1 of the aforementioned Circular as follows:- 3. Monetary limits given in paragraph 2 above withregard to filing appeal/SLP shall be applicable to allcases including those relating to TDS/TCS under theIncome-tax Act, 1961 with exceptions as per paras 3.1and 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 merelybecause the tax effect in a case exceeds the monetarylimits prescribed above. Filing of appeal in such cases isto be decided on merits of the case. The officersconcerned shall keep in mind the overall objective ofreducing unnecessary litigation and providing certaintyto taxpayers on their Income-tax assessments whiletaking a decision regarding filing an appeal. 5. The modifications shall come into effect from the dateof issue of this Circular. This Circular will apply toSLPs/appeals to be filed henceforth in SC/HCs/Tribunal.It shall also apply to the SLPs/ appeals pending beforeSupreme Court/High Courts/Tribunal, which mayaccordingly be withdrawn. 6. The above may be brought to the notice of allconcerned. 2024:CGHC:36953-DB 4 / 4 7. This issues under section 268A of the Incometax Act,1961. 8. Hindi version will follow.” 5. The modifications shall come into effect from the dateof issue of this Circular. This Circular will apply toSLPs/appeals to be filed henceforth in SC/HCs/Tribunal.It shall also apply to the SLPs/ appeals pending beforeSupreme Court/High Courts/Tribunal, which mayaccordingly be withdrawn. 6. The above may be brought to the notice of allconcerned. 2024:CGHC:36953-DB 4 / 4 7. This issues under section 268A of the Incometax Act,1961. 8. Hindi version will follow.” 4. In view aforesaid submission of learned counsel for the appellantwhere monetary limit (tax liability) in the present case is less thanRs.2 Crores therefore, in light of aforesaid circular (Para-5) dated17/09/2024, the instant Tax Case stands disposed of. Sd/- Sd/- (Sanjay K. Agrawal) Judge (Sanjay Kumar Jaiswal) Judge