PR COMMISSSIONER OF INCOME TAX vs. VIMAL CHAND SURANA (HUF)

ITA/307/2018HC RajasthanRJHC02099551201813 November 2024Bench: AVNEESH JHINGAN,UMA SHANKER VYAS1 pages

AI SummaryDismissed

What did the High Court hold?

The Tribunal dismissed both appeals as withdrawn. This decision was based on the Circular of the Central Board of Direct Taxes (CBDT) dated 17.09.2024, which directs the withdrawal of appeals where the tax effect is less than two crores. The Tribunal explicitly stated that the substantial question of law is kept open. The appellant (revenue) was granted liberty to file an application for revival of the appeals if they fall within the exceptions mentioned in the circular. No specific findings were made on the merits of the original dispute.

What were the facts?

The appeals were filed by the Principal Commissioner of Income Tax, Jaipur (the appellant/revenue) against the respondent, Vimal Chand Surana (HUF) and Vimal Chand Surana (the respondents/assessees). The appeals were filed against orders of the Income Tax Appellate Tribunal (ITAT). The tax effect in both appeals was stated to be less than two crores.

What were the issues?

1. Whether the appeals are maintainable in light of the CBDT Circular dated 17.09.2024, given the tax effect being less than two crores? (Question of law) Assessee's Contention: Not recorded. Revenue's Contention: The revenue relied on the CBDT Circular dated 17.09.2024, which mandates withdrawal of appeals where the tax effect is below a certain threshold, unless specific exceptions apply.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:46923-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 307/2018 Pr Commisssioner Of Income Tax, (Central ) Jaipur. ----Appellant Versus Vimal Chand Surana (Huf), 2231, Lal Katla, Haldiyon Ka Rasta, Johari Bazar, Jaipur ----Respondent Connected With D.B. Income Tax Appeal No. 308/2018 Pr Commissioner Of Income Tax, (Central ) Jaipur ----Appellant Versus Vimal Chand Surana, B-7, Surana, Enclave, Opposite Sms Hospital, Jaipur ----Respondent For Appellant(s) : Mr. Aditya Khandelwal for Mr. Siddharth Bapna For Respondent(s) : Mr. Kanishk Singhal for Mr. Gunjan Pathak HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 13/11/2024 1. As per the pleadings in the appeals filed by the appellant, the tax effect in both the appeals are less than two crores. 2. In view of the circular of Central Board of Direct Taxes dated 17.09.2024, the appeals are dismissed as withdrawn. The substantial question of law is kept open. 3. The appellant shall be at liberty to file an application for revival, in case the appeals fall within the exception. (UMA SHANKER VYAS),J (AVNEESH JHINGAN),J RIYA /21-22

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