PR COMMISSIONER OF INCOME TAX 1 vs. MANISH P JAIN

ITA/3/2024HC Rajasthan2024:RJ-JD:47237-DB21 November 2024Bench: MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal dismissed the present appeal as withdrawn. This decision was based on a submission by the learned counsel for the appellant (revenue) that, in light of the Central Board of Direct Taxes circular dated 17.09.2024, the appeal need not be pressed because the tax effect was below Rs. 2 crores and the case lacked exceptional factors. The Tribunal explicitly stated that the formulated substantial question of law is kept open for consideration in an appropriate case if the need arises. The Department was granted liberty to move an appropriate application for revival. No finding was reached on the merits of the appeal.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax 1, Jodhpur (appellant/revenue) against Manish P Jain (respondent/assessee). The assessment year(s) are not specified. The appeal challenges an order or action that is not detailed in the provided text. The procedural history indicates that the notice of service to the respondent was not complete. The appellant's counsel submitted that in view of a circular of the Central Board of Direct Taxes dated 17.09.2024, the appeal need not be pressed as the tax effect was below Rs. 2 crores and the case did not involve any exceptional factor.

What were the issues?

The appeal was dismissed as withdrawn without a decision on the merits. Therefore, no substantial questions of law were decided by the Tribunal. The judgment does not record any specific issues that the Tribunal had to decide or any arguments made by either the assessee or the revenue on the merits of the case. The decision to withdraw was based on a circular of the Central Board of Direct Taxes concerning tax effect thresholds.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:47237-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 3/2024 Pr Commissioner Of Income Tax 1, Jodhpur ----Appellant Versus Manish P Jain, R/o 201, Landmark Society J.P. Road, Andheri West, Mumbai. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : - HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 21/11/2024 1. Though service of notice of respondent is not complete, learned counsel for the appellant would submit that in view of the circular of Central Board of Direct Taxes dated 17.09.2024, the appeal need not be pressed as the tax effect is below Rs. 2 crores and the case does not involve any exceptional factor. 2. Therefore, the present appeal is dismissed as withdrawn. 3. The formulated substantial question of law is kept open for consideration in appropriate case, in case, any need arises. The Department shall be at liberty to move an appropriate application for revival. (MUNNURI LAXMAN),J (MANINDRA MOHAN SHRIVASTAVA),CJ 31-Ramesh/PoonamS/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 26/11/2024 at 10:11:36 AM) (Downloaded on 28/10/2026 at 12:47:50 AM)

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