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

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ITA/83/2017HC Rajasthan2024:RJ-JD:41360-DB09 October 2024Bench: PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal permitted the appellant to withdraw the appeal. The appeal was accordingly dismissed as withdrawn. The substantial question of law, if any, was kept open. The department was granted liberty to move an appropriate application for revival if the need arises. The reasoning for withdrawal was based on the tax effect being below Rupees Two Crores, as per a CBDT circular. No decision on the merits of the case was made.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Udaipur (the appellant/revenue) against M/s P.I. Industries Ltd. (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 stated to be 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 Whether the appeal can be withdrawn by the appellant. (Question of procedure) Contentions: Assessee: No arguments recorded. Revenue: The learned counsel for the appellant sought permission to withdraw the appeal in view of the tax effect being below Rupees Two Crores, citing a circular of the Central Board of Direct Taxes dated 17.09.2024.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:41360-DB] (1 of 1) [ITA-83/2017] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 83/2017 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 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 The appeal is dismissed as withdrawn. 3.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 146-nirmala/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 17/10/2024 at 05:32:07 PM) (Downloaded on 28/10/2026 at 12:46:23 AM)

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