PR COMMISSIONER OF INCOME TAX vs. M/S ANKIT CHIRAG DEVELOPERS PVT LTD

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ITA/2/2024HC Rajasthan2024:RJ-JD:49318-DB03 December 2024Author: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the appellant (Revenue) to withdraw the appeals. The reasoning provided is that the tax effect in the appeals was below Rupees Two Crores, and in view of the CBDT circular dated 17.09.2024, the learned counsel for the appellant sought permission to withdraw the appeals. Consequently, the appeals were dismissed as withdrawn. The formulated/proposed substantial question of law was expressly kept open. The department was granted liberty to move appropriate applications for revival if the need arises.

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 tax effect in both appeals was below Rupees Two Crores. In light of a circular issued by the Central Board of Direct Taxes dated 17.09.2024, the learned counsel for the appellant sought permission to withdraw the appeals.

What were the issues?

1. Whether the appeals, having a tax effect below Rupees Two Crores, can be withdrawn by the appellant in view of the CBDT circular dated 17.09.2024? Assessee's Contention: The judgment does not record any specific contentions from the assessee. The withdrawal was sought by the appellant (Revenue). Revenue's Contention: The learned counsel for the appellant sought permission to withdraw the appeals based on the CBDT circular dated 17.09.2024, which likely pertains to monetary limits for filing appeals.

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 03:39:05 PM) (Downloaded on 28/10/2026 at 12:48:07 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 03:39:05 PM) (Downloaded on 28/10/2026 at 12:48:07 AM)

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