C.I.T.CENTRAL,JAIPUR vs. VINOD SINGHVI
What did the High Court hold?
The Tribunal granted the appellant's request to withdraw the appeal. The reasoning provided is based on the tax effect being below Rupees Two Crores and the applicability of the CBDT circular dated 17.09.2024. Consequently, the appeal was dismissed as withdrawn. The Tribunal explicitly stated that the formulated substantial question of law is kept open, and the department is at liberty to move an appropriate application for revival if the need arises. No decision on the merits of the case was made.
What were the facts?
This is an appeal filed by the Commissioner of Income Tax-Central, Jaipur (the appellant/revenue) against an order concerning Shri Vinod Singhvi, Prop. M/s Vinod & Company, Jodhpur (the respondent/assessee). The appeal pertains to the Income Tax Act. The tax effect in the present appeal is stated to be below Rupees Two Crores. The appeal was filed before the High Court of Judicature for Rajasthan at Jodhpur.
What were the issues?
The Tribunal had to decide whether to permit the appellant to withdraw the appeal. The appellant, through its counsel, sought permission to withdraw the appeal citing a circular of the Central Board of Direct Taxes dated 17.09.2024, which likely relates to monetary limits for filing appeals. The respondent's contentions are not recorded in the judgment. The core issue revolves around the application of the CBDT circular and the consequence of withdrawing an appeal.
AI-generated summary — verify with the full judgment below
[2024:RJ-JD:41345-DB] (1 of 1) [ITA-37/2013] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 37/2013 Commissioner of Income Tax-Central, Jaipur ----Appellant Versus Shri Vinod Singhvi, Prop. M/s Vinod & Company, 3, Dev Nagar, Pal Link Road, Jodhpur (Rajasthan) ----Respondent For Appellant(s) : Mr. KK Bissa For Respondent(s) : Mr. Vineet Dave HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 09/10/2024 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 The appeal is dismissed as withdrawn. 3.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. (MUNNURI LAXMAN),J (DR.PUSHPENDRA SINGH BHATI),J 132-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:28:32 PM) (Downloaded on 28/10/2026 at 12:45:48 AM)
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