PR. COMMISSIONER OF INCOME TAX CENTRAL, JAIPUR vs. M/S WAGAD INFRA PROJECTS PVT. LTD.PLOT NO. 15, NEAR BHATI ENGINEERING WORKS, UDAIPUR

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ITA/8/2023HC Rajasthan2024:RJ-JD:49318-DB03 December 2024Author: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal (High Court) allowed the appeals to be dismissed as withdrawn. The reasoning was based on the appellant's (Revenue's) request to withdraw the appeals due to the tax effect being below Rupees Two Crores, as per the CBDT circular dated 17.09.2024. The operative direction was to dismiss the appeals as withdrawn. The Tribunal also explicitly stated that the formulated/proposed substantial question of law is kept open, and the department is at liberty to move appropriate applications for revival if the need arises. No specific finding was made on the merits of the original dispute.

What were the facts?

The appeals were filed by the Principal Commissioner of Income Tax, Udaipur (in ITA-2/2024) and the Principal Commissioner of Income Tax Central, Jaipur/Rajasthan (in ITA-8/2023) against M/s Ankit Chirag Developers Pvt Ltd and M/s Wagad Infra Projects Pvt. Ltd., respectively. The assessment years are not explicitly stated. The appeals challenged orders passed by lower authorities. The tax effect in both appeals was below Rupees Two Crores. The appeals were listed for hearing before the High Court of Judicature for Rajasthan at Jodhpur.

What were the issues?

1. Whether the appeals filed by the Revenue should be permitted to be withdrawn in light of the CBDT circular dated 17.09.2024, given that the tax effect is below Rupees Two Crores? Assessee's Contention: Not recorded. Revenue's Contention: The learned counsel for the appellant (Revenue) sought permission to withdraw the appeals in view of the circular of the Central Board of Direct Taxes dated 17.09.2024, as the tax effect in the appeals were below Rupees Two Crores.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2024:RJ-JD:49318-DB] (1 of 2) [ITA-2/2024] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 2/2024 Pr Commissioner Of Income Tax, Udaipur ----Appellant Versus M/s Ankit Chirag Developers Pvt Ltd, 54-55 Rajdeep New Fathepura Udaipur ----Respondent Connected With D.B. Income Tax Appeal No. 8/2023 Pr. Commissioner Of Income Tax Central, Jaipur, Pr. Commissioner Of Income Tax Central, Rajasthan, 4Th Floor, Lic Building, Bhawani Singh Road, Ambedkar Circle, Jaipur. ----Appellant Versus M/s Wagad Infra Projects Pvt. Ltd.plot No. 15, Near Bhati Engineering Works, Udaipur, M/s Wagad Infra Projects Pvt. Ltd. Plot No. 15, Near Bhati Engineering Works, Titari Bus Stand, Udaipur ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Harshvardhan Singh HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order 03/12/2024

1.

The tax effect in appeals are below Rupees Two Crores, in view of the circular of Central Board of Direct Taxes dated 17.09.2024, learned counsel for the appellant seeks permission to withdraw the appeals.

2.

The appeals are dismissed as withdrawn. (Uploaded on 05/12/2024 at 03:41:38 PM) (Downloaded on 28/10/2026 at 12:48:03 AM)

[2024:RJ-JD:49318-DB] (2 of 2) [ITA-2/2024]

3.

The formulated / proposed substantial question of law is kept open.

4.

In case need arises, the department shall be at liberty to move appropriate applications for revival. (MUNNURI LAXMAN),J (DR.PUSHPENDRA SINGH BHATI),J 105-106-devrajP/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 05/12/2024 at 03:41:38 PM) (Downloaded on 28/10/2026 at 12:48:03 AM)

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