PR. COMMISSIONER OF INCOME TAX, AJMER vs. M/S STARNET BUSINESS LTD., BHILWARA

ITA/71/2017HC Rajasthan2024:RJ-JD:41578-DB10 October 2024Bench: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal permitted the appellant (revenue) to withdraw the appeal. The reasoning provided was based on the circular of the Central Board of Direct Taxes dated 17.09.2024, which allows for withdrawal of appeals where the tax effect is below Rupees Two Crores. The Tribunal noted that the tax effect in this particular appeal was indeed below that threshold. Consequently, the appeal was dismissed as withdrawn.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 other issues were decided on merits.

What were the facts?

This is an appeal filed by the Principal Commissioner of Income Tax, Ajmer (the appellant/revenue) against M/s Starnet Business Ltd., Bhilwara (the respondent/assessee). The appeal pertains to the assessment year(s) not specified in the judgment. The order or action under challenge is not detailed, nor is the authority that passed it. The amount in dispute is also not explicitly stated, but the tax effect is mentioned as being below Rupees Two Crores. The procedural history is that the revenue sought permission to withdraw the appeal.

What were the issues?

1. Whether the appeal can be withdrawn by the appellant in light of the CBDT circular dated 17.09.2024, considering the tax effect is below Rupees Two Crores? Contentions of the Appellant (Revenue): The appellant sought permission to withdraw the appeal, citing the CBDT circular dated 17.09.2024, which stipulates a threshold for tax effect below which appeals may be withdrawn. The tax effect in this appeal was stated to be below Rupees Two Crores. Contentions of the Respondent (Assessee): No specific contentions were recorded for the respondent in the judgment.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41578-DB] (1 of 1) [ITA-71/2017] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 71/2017 Pr. Commissioner Of Income Tax, Ajmer. ----Appellant Versus M/s Starnet Business Ltd., Bhilwara, c/o M/s Kalani and co Chartered Accountant, 5th floor, Milestone, Gandhinagar-turn, Jaipur ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Loon Karan Purohit Mr. Ramesh Chandra Mr. Avinash Bhati HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 10/10/2024 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 167-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:40:37 PM) (Downloaded on 28/10/2026 at 12:46:58 AM)

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