PRINCIPAL COMMISSIONER OF INCOME TAX-1, vs. SHRI DEEPAK MATA

ITA/63/2023HC RajasthanRJHC02029258202308 November 2024Bench: AVNEESH JHINGAN,UMA SHANKER VYAS2 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal decided to dismiss the appeals as withdrawn. The reasoning provided is that the appellant, in view of the circular of the Central Board of Direct Taxes dated 17.09.2024, and noting that the tax effect in the appeals was below Rupees Two Crores, sought permission to withdraw the appeals. The Tribunal granted this permission and accordingly dismissed the appeals. The ratio decidendi is that appeals can be withdrawn by the revenue if the conditions stipulated in the relevant CBDT circular are met, and the tax effect falls below the prescribed monetary limit. The operative direction was the dismissal of the appeals as withdrawn. The substantial question of law was expressly left undecided.

What were the facts?

The appeals were filed by the Principal Commissioner of Income Tax-1, Jaipur, against Shri Deepak Mata. The appeals concerned assessment years not specified in the judgment. The order or action under challenge is not detailed, but it pertains to the Income Tax Department's actions against the respondent assessee. The tax effect in the appeals was stated to be below Rupees Two Crores. The procedural history relevant to the disposal is that the appellant sought permission to withdraw the appeals.

What were the issues?

1. Whether the appeals can be withdrawn by the appellant in light of the CBDT circular dated 17.09.2024, considering the tax effect below Rupees Two Crores? Assessee's Contention: The assessee did not present any arguments as the appeals were withdrawn by the appellant. The judgment does not record any specific arguments made by the assessee. Revenue's Contention: The appellant (Revenue) sought permission to withdraw the appeals, citing the CBDT circular dated 17.09.2024, which permits withdrawal of appeals where the tax effect is below Rupees Two Crores. The appellant's counsel requested permission to withdraw the appeals on this basis.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:46254-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 53/2023 Principal Commissioner Of Income Tax-1, Income Tax Department, New Central Revenue Building, Statue Circle, Jaipur, Rajasthan. ----Appellant Versus Shri Deepak Mata, 96, Vankhandi Chowk, Mata Bhawan, Kumahar Mohalla, Ramgarh, Alwar ----Respondent Connected With D.B. Income Tax Appeal No. 63/2023 Principal Commissioner Of Income Tax-1, Income Tax Department, New Central Revenue Building, Statue Circle, Jaipur, Rajasthan. ----Appellant Versus Shri Deepak Mata, 96, Vankhandi Chowk, Mata Bhawan, Kumahar Mohalla, Ramgarh, Alwar ----Respondent For Appellant(s) : Mr. Anuroop Singhi with Mr. Aditya Khandelwal For Respondent(s) : Mr. Rohan Chatter for Mr. Siddharth Ranka HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 08/11/2024 1. The tax effect in appeals is below Rupees Two Crores, in view of the circular of Central Board of Direct Taxes dated 17.09.2024, learned counsel for appellant seeks permission to withdraw the appeals.

[2024:RJ-JP:46254-DB] (2 of 2) [ITA-53/2023] 2. The appeals are dismissed as withdrawn. 3. The formulated substantial question of law is kept open. (UMA SHANKER VYAS),J (AVNEESH JHINGAN),J Simple Kumawat /18-19

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