PR. COMMISSIONER OF INCOME TAX vs. M/S AASAN AFFORDABLE HOUSING LLP

ITA/37/2024HC Rajasthan2024:RJ-JD:49321-DB03 December 2024Bench: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal (High Court) allowed the Revenue's request to withdraw the appeal. The reasoning provided was based on the Central Board of Direct Taxes (CBDT) circular dated 17.09.2024, which likely sets monetary limits for filing appeals, and the fact that the tax effect in this particular appeal was below Rupees Two Crores. The appeal was dismissed as withdrawn. The formulated substantial question of law was kept open, and the department was granted liberty to move an appropriate application for revival if the need arose. No decision on the merits of the case was made.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax, Udaipur (the Revenue) against M/s Aasan Affordable Housing LLP (the Assessee). The appeal was before the High Court of Judicature for Rajasthan at Jodhpur. The tax effect in the appeal was stated to be below Rupees Two Crores. The Revenue sought permission to withdraw the appeal.

What were the issues?

1. Whether the appeal, involving a tax effect below Rupees Two Crores, is maintainable in light of the CBDT circular dated 17.09.2024? Assessee's Contentions: The judgment does not record any specific contentions made by the assessee. The assessee's counsel was present. Revenue's Contentions: The Revenue, through its learned counsel, sought permission to withdraw the appeal, citing the CBDT circular dated 17.09.2024 and the tax effect being below Rupees Two Crores.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:49321-DB] (1 of 1) [ITA-37/2024] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 37/2024 Pr. Commissioner Of Income Tax, Udaipur ----Appellant Versus M/s Aasan Affordable Housing Llp, R/o 17, Nyay Marg, Near Court Cirlce, Udaipur,raj. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Sanjeev Johari, Sr. Adv. Mr. Lalit Parihar & Mr. Shubhankar Johari HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 03/12/2024 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 The appeal is dismissed as withdrawn. 3.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 / proposed 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 109-devrajP/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 05/12/2024 at 03:39:39 PM) (Downloaded on 28/10/2026 at 12:48:15 AM)

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