PR. COMMISSIONER OF INCOME TAX, AJMER vs. M/S STARNET BUSINESS LTD.

ITA/158/2018HC Rajasthan2024:RJ-JD:41580-DB10 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 circular of the Central Board of Direct Taxes dated 17.09.2024, the learned counsel for the appellant sought permission to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn. The substantial question of law, which was formulated, was kept open. The department was granted liberty to move an appropriate application for revival if the need arises.

What were the facts?

This is an appeal filed by the Principal Commissioner of Income Tax, Ajmer (the appellant/revenue) against M/s Starnet Business Ltd. (the respondent/assessee). The appeal pertains to the assessment year(s) not specified in the judgment. The order or action under challenge is not detailed, nor is the authority that passed it. The amount in dispute is also not stated, except that the tax effect in appeal is below Rupees Two Crores. The procedural history is that the appellant sought permission to withdraw the appeal.

What were the issues?

1. Whether the appeal can be withdrawn by the appellant in light of the CBDT circular dated 17.09.2024, given the tax effect being below Rupees Two Crores?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 Contentions: Not recorded in the judgment. Revenue's Contentions: The learned counsel for the appellant (revenue) sought permission to withdraw the appeal, citing the circular of the Central Board of Direct Taxes dated 17.09.2024, as the tax effect in the appeal is below Rupees Two Crores.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41580-DB] (1 of 1) [ITA-158/2018] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 158/2018 Pr. Commissioner Of Income Tax, Ajmer ----Appellant Versus M/s Starnet Business Ltd., 1st Floor, Sangam Tower, Old RTO Road, Bhilwara. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Loon Karan Purohit Mr. Ramesh Chandra Mr. Avinash Bhati HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 10/10/2024 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 169-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:40:59 PM) (Downloaded on 28/10/2026 at 12:47:03 AM)

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