PRINCIPAL COMMISSIONER OF INCOME TAX, JAIPUR-II, vs. M/S JAP INFO SYSTEMS PVT. LTD.

ITA/108/2023HC RajasthanRJHC02051139202315 January 2025Bench: INDERJEET SINGH,VINOD KUMAR BHARWANI1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal granted the appellant's request to withdraw the appeal. The reasoning provided is that the tax effect in the appeal 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 appeal. Consequently, the appeal was dismissed as withdrawn. The Tribunal also noted that the formulated substantial question of law was kept open and granted the Department liberty to move an application for revival if the matter is not covered under the circular. No specific finding on the merits of the case was made.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Jaipur-II, against M/s Jap Info Systems Pvt. Ltd. The assessment year(s) are not explicitly stated. The appeal challenges an order or action by the Income Tax Appellate Tribunal (ITAT), though the specific order is not detailed. The tax effect in the appeal is stated to be below Rupees Two Crores. The procedural history involves the appellant seeking permission to withdraw the appeal based on a CBDT circular dated 17.09.2024.

What were the issues?

1. Whether the appeal should be permitted to be withdrawn by the appellant in light of the CBDT circular dated 17.09.2024, given the tax effect being below Rupees Two Crores? Assessee's Contention: The assessee did not make any explicit arguments recorded in the judgment. The judgment focuses on the appellant's request. Revenue's Contention: The appellant (Principal Commissioner of Income Tax) sought permission to withdraw the appeal, citing the CBDT circular dated 17.09.2024, which likely sets monetary limits for filing appeals. The appellant's counsel relied on this circular.

AI-generated summary — verify with the full judgment below

[2025:RJ-JP:2000-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 108/2023 Principal Commissioner Of Income Tax, Jaipur-Ii, At New Central Revenue Building, Statue Circle, Jaipur(Raj.) -302005. ----Appellant Versus M/s Jap Info Systems Pvt. Ltd., 45 -46 Katewa Chambers Shastri Nagar Jaipur ----Respondent For Appellant(s) : Mr. Sandeep Pathak. For Respondent(s) : Mr. Siddharth Ranak. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 15/01/2025 1. Since, 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 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. The Department shall be at liberty to move an application for revival in case the matter is not covered under the circular. (VINOD KUMAR BHARWANI),J (INDERJEET SINGH),J MG/141

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