PR. COMMISSIONER OF INCOME TAX, AJMER vs. M/S SHARDA SPUNTEX PVT. LTD. BHILWARA

ITA/108/2018HC Rajasthan2024:RJ-JD:41370-DB09 October 2024Bench: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal did not decide any substantive issues on the merits of the appeal. The appellant's counsel, citing the CBDT circular dated 17.09.2024 regarding the tax effect being below Rupees Two Crores, sought permission to withdraw the appeal. The Court granted this permission and accordingly dismissed the appeal as withdrawn. The formulated substantial question of law, if any, was kept open, and the department was granted liberty to move an appropriate application for revival if the need arose. No finding was reached on any specific issue, and therefore, no ratio decidendi can be extracted for future citation on merits.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Ajmer (the appellant/revenue) against M/s Sharda Spuntex Pvt. Ltd., Bhilwara (the respondent/assessee). The specific assessment year(s) are not recorded in the judgment. The appeal challenges an order or action passed by an authority, the details of which are not specified. The tax effect in the appeal is stated to be below Rupees Two Crores. The procedural history involves the filing of the appeal before the High Court of Judicature for Rajasthan at Jodhpur.

What were the issues?

The judgment does not record any specific substantial question of law that was formulated or debated. The appellant's counsel sought permission to withdraw the appeal based on a circular of the Central Board of Direct Taxes dated 17.09.2024, concerning the tax effect being below Rupees Two Crores. No arguments were presented by either the assessee or the revenue on the merits of the case as the appeal was withdrawn.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41370-DB] (1 of 1) [ITA-108/2018] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 108/2018 Pr. Commissioner Of Income Tax, Ajmer. ----Appellant Versus M/s Sharda Spuntex Pvt. Ltd., Bhilwara. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Sheetal Kumbhat HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 09/10/2024 1. The tax effect in appeal is 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 appeal. 2. The appeal is dismissed as withdrawn. 3. The formulated substantial question of law is kept open. 4. In case need arises, the department shall be at liberty to move appropriate application for revival. (MUNNURI LAXMAN),J (DR.PUSHPENDRA SINGH BHATI),J 153-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:33:35 PM) (Downloaded on 28/10/2026 at 12:46:44 AM)

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