PR. COMMISSIONER OF INCOME TAX- CENTRAL vs. M/S GOLDEN TRIANGLE FORT AND PALACE PVT. LTD.

ITA/345/2018HC RajasthanRJHC02116984201823 May 2019Bench: MOHAMMAD RAFIQ,NARENDRA SINGH DHADDHA1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court held that the appeal is dismissed as withdrawn in light of the appellant's submission and CBDT Circular No. 3/2018. The court noted that the tax effect was Rs. 27,61,577/-, which is below the threshold of Rs. 50,00,000/- stipulated in the circular for maintaining appeals. Consequently, the application for withdrawal was also disposed of. The appellant was granted liberty to apply for revival of the appeal if its case falls within the conditions stipulated in Clause 10 of the aforesaid circular. No specific finding on the merits of the original dispute was made as the appeal was withdrawn.

What were the facts?

The appellant, Pr. Commissioner of Income Tax-Central, Jaipur, filed an appeal before the High Court of Judicature for Rajasthan, Bench at Jaipur, against M/s Golden Triangle Fort And Palace Pvt. Ltd. The appeal was against an order or action not specified in the judgment. The procedural history involves the appellant filing an application dated 25.02.2019 praying for withdrawal of the appeal due to low tax effect. The tax effect in dispute was Rs. 27,61,577/-.

What were the issues?

1. Whether the appeal is maintainable in light of the tax effect being less than Rs. 50,00,000/-, as per CBDT Circular No. 3/2018? The appellant argued that in view of Circular No. 3/2018 issued by the Central Board of Direct Taxes, the present appeal having a tax effect of only Rs. 27,61,577/-, which is less than Rs. 50,00,000/-, may not be maintainable. The judgment does not record any arguments from the respondent.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No.345/2018 Pr. Commissioner Of Income Tax- Central, New Central Revenue Building, Statue Circle, Jaipur (Raj.) ----Appellant Versus M/s Golden Triangle Fort And Palace Pvt. Ltd., 312, Crd Floor, Ganpati Plaza, Jaipur ----Respondent For Appellant(s) : Mr. Siddharth Bapna HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 23/05/2019 The appellant has filed an application bearing inward no.15702 dated 25.02.2019 praying for withdrawal of the appeal on account of having low tax effect. Learned counsel for the appellant submits that in view of Circular No. 3/2018 issued by Central Board of Direct Taxes, present appeal having tax effect of only Rs. 27,61,577/- which is less than Rs. 50,00,000/- may not be maintainable. In view of above, present appeal is dismissed as withdrawn in the light of aforesaid instruction. This also disposes of the application bearing inward no.15702 dated 25.02.2019. However, the appellant will be at liberty to apply for revival of the appeal in case its case falls within the purview of any of the condition stipulated in Clause 10 of the aforesaid circular. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J //Jaiman//105

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