PR. COMMISSIONER OF INCOME TAX-I JODHPUR vs. M/S ERCON COMPOSITES

ITA/22/2017HC Rajasthan2024:RJ-JD:52577-DB18 December 2024Bench: PUSHPENDRA SINGH BHATI, MADAN GOPAL VYAS1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal granted the Revenue's request to withdraw the appeal. The appeal was dismissed as withdrawn. The Tribunal explicitly stated that the formulated 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. No decision was made on the merits of the case.

What were the facts?

This is an appeal filed by the Pr. Commissioner of Income Tax-I, Jodhpur (the Revenue) against M/s Ercon Composites (the Assessee). The appeal pertains to an Income Tax Appeal No. 22/2017 before the High Court of Judicature for Rajasthan at Jodhpur. The specific assessment year(s) and the order or action under challenge are not explicitly stated in the provided text. The amount in dispute is also not specified, other than the tax effect being below Rupees Two Crores. The procedural history is that the Revenue sought permission to withdraw the appeal.

What were the issues?

The judgment does not record any formulated substantial question of law that the Tribunal had to decide. The Revenue sought permission to withdraw the appeal based on a circular of the Central Board of Direct Taxes dated 17.09.2024, stating that the tax effect in the appeal is below Rupees Two Crores. No arguments were recorded for the Assessee as the appeal was withdrawn by the Revenue.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:52577-DB] (1 of 1) [ITA-22/2017] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 22/2017 Pr. Commissioner Of Income Tax-I, Jodhpur. ----Appellant Versus M/s Ercon Composites, F-123, MIA, 2nd Phase, Basni Jodhpur. ----Respondent For Appellant(s) : Mr. KK 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 MADAN GOPAL VYAS Order 18/12/2024 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 The appeal is dismissed as withdrawn. 3.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 substantial question of law is kept open. 4. In case need arises, the department shall be at liberty to move appropriate application for revival. (MADAN GOPAL VYAS),J (DR.PUSHPENDRA SINGH BHATI),J C4-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 20/12/2024 at 02:44:06 PM) (Downloaded on 28/10/2026 at 12:48:54 AM)

Recent GST High Court judgments

Search GST case law →