C.I.T.UDAIPUR vs. M/S SAYED IQBAL

ITA/224/2011HC Rajasthan2024:RJ-JD:46384-DB18 November 2024Bench: PUSHPENDRA SINGH BHATI, YOGENDRA KUMAR PUROHIT1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal granted permission to the appellant (Revenue) to withdraw the appeals. The appeals were dismissed as withdrawn. The Tribunal noted that the tax effect in the appeals was below Rupees Two Crores, and this was in line with the CBDT circular dated 17.09.2024. The formulated substantial question of law was kept open. The department was granted liberty to move an appropriate application for revival if the need arose. The specific findings on the merits of the original assessment or the grounds of appeal were not addressed as the appeals were withdrawn.

What were the facts?

The appeals were filed by the Commissioner of Income Tax (CIT), Udaipur, against M/s Sayed Iqbal. The appeals were connected. The tax effect in the appeals was below Rupees Two Crores. Pursuant to a circular of the Central Board of Direct Taxes dated 17.09.2024, the learned counsel for the appellant sought permission to withdraw the appeals. The appeals were listed for hearing before the High Court of Judicature for Rajasthan at Jodhpur.

What were the issues?

1. Whether the appeal can be withdrawn by the appellant based on the CBDT circular dated 17.09.2024, given the tax effect being below Rupees Two Crores? The appellant (Revenue) argued that in view of the CBDT circular dated 17.09.2024, which stipulates a threshold for tax effect below which appeals should be withdrawn, and considering the tax effect in the present appeals was below Rupees Two Crores, permission to withdraw the appeals should be granted. The respondent (assessee) did not record any specific arguments in the judgment. The judgment does not explicitly state the original issues that led to the appeals being filed.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:46384-DB] (1 of 1) [ITA-224/2011] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 224/2011 C.i.t.udaipur ----Appellant Versus M/s Sayed Iqbal ----Respondent Connected With D.B. Income Tax Appeal No. 225/2011 C.i.t.udaipur ----Appellant Versus M/s Sayed Iqbal ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Lalit Parihar HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order 18/11/2024 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 appeals are 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. (YOGENDRA KUMAR PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J 63-64-devrajP/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 19/11/2024 at 04:54:46 PM) (Downloaded on 28/10/2026 at 12:47:46 AM)

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