PR. COMMISSIONER OF INCOME TAX, UDAIPUR vs. M/S P.I. INDUSTRIES LTD.

ITA/77/2017HC Rajasthan2024:RJ-JD:41359-DB09 October 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 appeals. The reasoning was based on the CBDT circular dated 17.09.2024, which likely sets monetary limits for filing appeals, and the fact that the tax effect in these appeals was below Rupees Two Crores. The appeals were accordingly dismissed as withdrawn. The substantial question of law formulated in the appeals was expressly kept open, and the department was granted liberty to move an appropriate application for revival if the need arises.

What were the facts?

The appeals were filed by the Principal Commissioner of Income Tax, Udaipur (the Revenue) against M/s P.I. Industries Ltd. (the assessee) for assessment year(s) not specified in the judgment. The appeals challenged an order or action passed by an authority, also not specified. The tax effect in the appeals was stated to be below Rupees Two Crores. The procedural history involves the Revenue filing these appeals before the High Court of Judicature for Rajasthan at Jodhpur.

What were the issues?

1. Whether the appeals filed by the Revenue should be permitted to be withdrawn based on the Central Board of Direct Taxes (CBDT) circular dated 17.09.2024, given the tax effect below Rupees Two Crores? Contentions: Assessee: No arguments recorded. Revenue: The learned counsel for the appellant (Revenue) sought permission to withdraw the appeals in view of the CBDT circular dated 17.09.2024, as the tax effect was below Rupees Two Crores.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41359-DB] (1 of 1) [ITA-77/2017] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 77/2017 Pr. Commissioner Of Income Tax, Udaipur. ----Appellant Versus M/s P.i. Industries Ltd., Post Box No. 2, Udai Sagar Road, Udaipur. ----Respondent Connected With D.B. Income Tax Appeal No. 78/2017 Pr. Commissioner Of Income Tax, Udaipur. ----Appellant Versus M/s P.i. Industries Ltd., Post Box No. 2, Udai Sagar Road, Udaipur. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : Mr. Anjay Kothari HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 09/10/2024 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 the appellant seeks permission to withdraw the appeals. 2. The appeals are 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 144-145-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:31:53 PM) (Downloaded on 28/10/2026 at 12:46:18 AM)

Recent GST High Court judgments

Search GST case law →