PRINCIPAL COMMISSIONER OF INCOME TAX-1 vs. WORSHIP INFRAPROJECTS PVT. LTD.

ITA/50/2024HC RajasthanRJHC02021331202408 October 2024Bench: PANKAJ BHANDARI,PRAVEER BHATNAGAR1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal decided to dismiss the Income Tax Appeal as withdrawn. The reasoning provided is that the counsel appearing for the appellant (Revenue) stated that they do not wish to press the appeal. This decision is based on the tax effect involved in the matter being less than Rs. 2 crore, as stipulated in Circular No. 09/2024 issued by the Government of India, Ministry of Finance dated 17.09.2024. The Court explicitly stated that in view of the withdrawal of the appeal, no substantial question of law is being decided. Therefore, no operative directions for remand or deletion were issued, and no relief was granted on merits.

What were the facts?

The appellant, Principal Commissioner of Income Tax-1, Jaipur, filed an Income Tax Appeal before the High Court of Judicature for Rajasthan, Bench at Jaipur. The appeal was against Worship Infraprojects Pvt. Ltd. The appeal was filed against an order or action that is not specified in the provided text. The procedural history indicates that the counsel for the appellant appeared before the Court on 08/10/2024. No specific assessment year or amount in dispute is mentioned, other than the tax effect.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn based on the tax effect being less than Rs. 2 crore as per Circular No. 09/2024. Assessee's Contentions: The assessee's counsel did not present arguments as the appeal was withdrawn by the appellant. Revenue's Contentions: The appellant (Revenue) argued that the present Income Tax Appeal should be dismissed as withdrawn. This contention is based on the tax effect involved in the matter being less than Rs. 2 crore, as provided in Circular No. 09/2024 issued by the Government of India, Ministry of Finance dated 17.09.2024.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:42427-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 50/2024 Principal Commissioner of Income Tax-1, Income Tax Department, New Central Revenue Building, Statue Circle, Jaipur, Rajasthan. ----Appellant Versus Worship Infraprojects Pvt. Ltd., Om Tower, M.I. Road, Church Road, Jaipur. ----Respondent For Appellant(s) : Mr. Anuroop Singhi For Respondent(s) : Mr. Rajat Sharma with Mr. Akshay Sharma HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 08/10/2024 Counsel appearing for the appellant does not want to press the present Income Tax Appeal as the tax effect involved in the matter is less than Rs.2 crore as provided in Circular No. 09/2024 issued by Government of India, Ministry of Finance dated 17.09.2024. Accordingly, the present Income Tax Appeal is dismissed as withdrawn. It is made clear that in view of withdrawal of the Income Tax Appeal, no substantial question is being decided. (PRAVEER BHATNAGAR),J (PANKAJ BHANDARI),J AMIT/20

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