C.I.T.-UDAIPUR vs. M/S BANSWARA SYNTEX LTD.

ITA/171/2014HC Rajasthan2024:RJ-JD:41577-DB10 October 2024Bench: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the appellant's request to withdraw the appeal. The appeal was dismissed as withdrawn. The Tribunal noted that the tax effect was below Rupees Two Crores, and in view of the CBDT circular dated 17.09.2024, the appellant sought permission to withdraw. The substantial question of law, if any was formulated, was kept open. The department was granted liberty to move an appropriate application for revival if the need arose.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax, Udaipur (the appellant/revenue) against M/s Banswara Syntex Ltd. (the respondent/assessee). The appeal pertains to an Income Tax Appellate Tribunal (ITAT) matter. The tax effect in the present appeal is stated to be below Rupees Two Crores. In light of a circular issued by the Central Board of Direct Taxes (CBDT) dated 17.09.2024, the learned counsel for the appellant sought permission to withdraw the appeal.

What were the issues?

The Tribunal did not have to decide any substantial questions of law on merits. The only procedural matter was the appellant's request to withdraw the appeal. The appellant's contention was based on the CBDT circular dated 17.09.2024, which presumably sets a threshold for tax effect below which appeals may be withdrawn. The respondent's arguments are not recorded as the appeal was withdrawn before any substantive arguments were presented.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41577-DB] (1 of 1) [ITA-171/2014] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 171/2014 Commissioner of Income Tax, Udaipur ----Appellant Versus M/s Banswara Syntex Ltd., Dahod Road, Banswara ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Sanjeev Johari, Sr. Adv. Assisted by Mr. Shubhankar Johari 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 The appeal is dismissed as withdrawn. 3.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 165-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:40:23 PM) (Downloaded on 28/10/2026 at 12:46:56 AM)

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