C.I.T.UDAIPUR vs. M/S BANSWARA SYNTEX LTD.
What did the High Court hold?
The Tribunal granted the appellant's request to withdraw the appeal. The appeal was dismissed as withdrawn. The Tribunal explicitly stated that the formulated/proposed substantial question of law is kept open. Furthermore, the department was granted liberty to move an appropriate application for revival of the appeal if the need arises in the future. No decision on the merits of the case was rendered.
What were the facts?
This is an appeal filed by the Commissioner of Income Tax (CIT), Udaipur, against M/s Banswara Syntex Ltd. The appeal pertains to the Income Tax Appellate Tribunal (ITAT) proceedings. The tax effect in the present appeal is stated to be below Rupees Two Crores. The appellant's counsel sought permission to withdraw the appeal.
What were the issues?
1. Whether the appeal can be withdrawn by the appellant based on the CBDT circular dated 17.09.2024, considering the tax effect is below Rupees Two Crores? The appellant (Revenue) argued that in view of the CBDT circular dated 17.09.2024, and the tax effect being below Rupees Two Crores, they seek permission to withdraw the appeal. The respondent (Assessee) did not record any specific arguments in the judgment.
AI-generated summary — verify with the full judgment below
[2024:RJ-JD:49309-DB] (1 of 1) [ITA-201/2013] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 201/2013 C.i.t.udaipur ----Appellant Versus M/s Banswara Syntex Ltd. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Sanjeev Johari, Sr. Adv. Mr. Lalit Parihar Mr. Subhankar Johari HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 03/12/2024 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 The appeal is dismissed as withdrawn. 3.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 / proposed 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 99-devrajP/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 05/12/2024 at 03:37:50 PM) (Downloaded on 28/10/2026 at 12:47:52 AM)
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