THE PR.COMMISSIONER OF INCOME TAX-2 vs. KRISHNA GAJANAN KESARKAR

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ITXA/127/2016HC BombayHCBM07027980201521 October 20261 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the appeal to be withdrawn by the Appellant. The reasoning provided is that the Appellant's counsel sought to withdraw the appeal in view of CBDT Circular No. 09/2024, dated 17th September 2024. Consequently, the appeal was disposed of as withdrawn. No decision on the merits of the case was made. The operative direction was to allow the appeal to be withdrawn and disposed of accordingly, with a direction for refund of court fees as per rules.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-2 (Appellant) against Krishna Gajanan Kesarkar (Respondent). The assessment years are not specified in the judgment. The appeal challenges an order or action, the details of which are not provided. The procedural history leading to this appeal is also not detailed, other than the fact that an appeal was filed before the High Court. The amount in dispute is not mentioned.

What were the issues?

1. Whether the appeal should be allowed to be withdrawn by the Appellant in view of CBDT Circular No. 09/2024, dated 17th September 2024? The Appellant, through its counsel, sought to withdraw the appeal. The Respondent's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

901–ITXA–127–2016 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INCOME TAX APPEAL(IT) NO. 127 OF 2016 The Pr.commissioner Of Income Tax-2 ... Appellant V/s. Krishna Gajanan Kesarkar ... Respondent ... Ms. Smita Thakur, Advocate for Appellant. Ms. Tejas Kapre, AGP for Respondent-State. ... CORAM : ABHAY AHUJA & NEERAJ P. DHOTE, JJ. DATE : 21st OCTOBER, 2026 P.C. : 1. When the matter is called out, Ms. Thakur, learned Counsel appearing for the Appellant, seeks to withdraw the appeal in view of CBDT Circular No. 09/2024, dated 17th September 2024. 2. The appeal is accordingly allowed to be withdrawn and stands disposed of as such. 3. Refund of Court fees, if any, is allowed as per the rules. (NEERAJ P. DHOTE, J) (ABHAY AHUJA, J.) Suresh 1/1

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