PR. COMMISSIONER OF INCOME TAX CENTRAL vs. NAND KISHORE MALANI

ITA/112/2017HC Rajasthan2024:RJ-JD:41364-DB09 October 2024Bench: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal noted that the tax effect in the appeal was below Rupees Two Crores. In view of the CBDT circular dated 17.09.2024, the learned counsel for the appellant (Revenue) sought permission to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn. The formulated substantial question of law was kept open, and the department was granted liberty to move an appropriate application for revival if the need arises. No decision on the merits of the case was made.

What were the facts?

This is an appeal filed by the Principal Commissioner of Income Tax-Central, Jaipur (the Revenue) against an order concerning Shri Nand Kishore Malani (the assessee). The appeal pertains to the Income Tax Appellate Tribunal (ITAT). The tax effect in the appeal is stated to be below Rupees Two Crores. The procedural history leading to this appeal is not detailed in the provided text, other than it being an appeal before the High Court.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect and the CBDT circular dated 17.09.2024? The Revenue, through its learned counsel, sought permission to withdraw the appeal, citing the tax effect being below Rupees Two Crores and the applicability of the Central Board of Direct Taxes (CBDT) circular dated 17.09.2024. The assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41364-DB] (1 of 1) [ITA-112/2017] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 112/2017 Pr. Commissioner Of Income Tax-Central, Jaipur. ----Appellant Versus Shri Nand Kishore Malani, C/o Maheswari And Jain, Chartered Accountants, E-47, Shastri Nagar, Jodhpur. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Priyansh Arora 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 The appeal is dismissed as withdrawn. 3.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 149-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:32:50 PM) (Downloaded on 28/10/2026 at 12:46:33 AM)

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