PRINCIPAL C.I.T CENTRAL, JAIPUR vs. M/S AYUSHI BUILDERS AND DEVELOPERS,

ITA/59/2015HC Rajasthan2024:RJ-JD:41353-DB09 October 2024Bench: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal noted that the tax effect in the appeal was below Rupees Two Crores. In view of the Circular of the Central Board of Direct Taxes dated 17.09.2024, the learned counsel for the appellant (Revenue) sought permission to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn. The substantial question of law formulated in the appeal was kept open, and the department was granted liberty to move an appropriate application for revival if the need arose. No decision was made on the merits of the case.

What were the facts?

This is an appeal filed by the Principal Commissioner of Income Tax (Central), Jaipur, against M/s Ayushi Builders & Developers, Jodhpur, for the Assessment Year 2005-06. The appeal was filed 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 procedural history leading to this hearing is not detailed, other than the fact that the appeal was filed before the High Court.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect below Rupees Two Crores, in light of CBDT Circular dated 17.09.2024? Assessee's Contention: The assessee did not make any specific arguments as the appeal was withdrawn by the Revenue. The judgment does not record any specific arguments made by the assessee. Revenue's Contention: The learned counsel for the appellant (Revenue) sought permission to withdraw the appeal, citing the CBDT Circular dated 17.09.2024, which states that appeals with a tax effect below Rupees Two Crores should be withdrawn.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41353-DB] (1 of 1) [ITA-59/2015] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 59/2015 Principal Commissioner of Income Tax(Central), Jaipur ----Appellant Versus M/s Ayushi Builders & Developers, Jodhpur (A.Y. 2005-06) 221-222, Shyam Nagar Scheme, Dev Nagar, Jodhpur. ----Respondent For Appellant(s) : Mr. KK Bissa For Respondent(s) : Mr. Sharad Kothari with Mr. Pranjul Mehta 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 140-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:30:32 PM) (Downloaded on 28/10/2026 at 12:46:07 AM)

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