THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. VIJAY GRANIMARMO PRIVATE LIMITED

ITA/136/2024HC RajasthanRJHC02080528202430 September 2024Bench: AVNEESH JHINGAN,ASHUTOSH KUMAR1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal (High Court) allowed the appellant (Revenue) to withdraw the appeal. The reasoning provided is that the tax effect in the appeal was below Rupees Two Crores, and the appellant sought permission to withdraw based on the Central Board of Direct Taxes circular dated 17.09.2024. The appeal was accordingly dismissed as withdrawn. The formulated substantial question of law was kept open, and the Department was granted liberty to move an application for revival if the matter is not covered under the circular. No decision was made on the merits of the case.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Rajasthan, against Vijay Granimarmo Private Limited. The tax effect in the appeal was stated to be below Rupees Two Crores. The appeal was filed before the High Court of Judicature for Rajasthan, Bench at Jaipur. The procedural history leading to this specific hearing is not detailed beyond the filing of the appeal.

What were the issues?

1. Whether the appeal, having a tax effect below Rupees Two Crores, is maintainable in light of the CBDT circular dated 17.09.2024? (Question of law) Assessee's Contention: The assessee is not recorded as having made any specific arguments in this judgment. The appeal was withdrawn by the appellant. Revenue's Contention: The learned counsel for the appellant (Revenue) sought permission to withdraw the appeal in view of the CBDT circular dated 17.09.2024, which specifies monetary limits for filing appeals. The Revenue relied on this circular.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:41493-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 136/2024 The Principal Commissioner Of Income Tax, (Central), Rajasthan, Room No. 402, 4Th Floor, Lic Building, Bhawani Singh Road, Ambedkar Circle, Jaipur-302005. ----Appellant Versus Vijay Granimarmo Private Limited, Naya Ghar Gulab Bari, Ajmer (Pan/gir No.-Aagcv1986R). ----Respondent For Appellant(s) : Mr.Meyhul Mittal for Mr.Siddharth Bapna HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 30/09/2024 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 appellant seeks permission to withdraw the appeal. 2. The appeal is dismissed as withdrawn. 3. The formulated substantial question of law is kept open. 6. The Department shall be at liberty to move an application for revival in case the matter is not covered under the circular. (ASHUTOSH KUMAR),J (AVNEESH JHINGAN),J Monika Chugh/Chandan/6

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