PR. COMMISSIONER OF INCOME TAX, JODHPUR vs. M/S RAJASTHAN GUM PVT. LTD.

ITA/86/2017HC Rajasthan2024:RJ-JD:42455-DB18 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, and in view of the CBDT circular 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 Consequently, the appeal was dismissed as withdrawn.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 Tribunal also 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.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-I, Jodhpur (the appellant/revenue) against M/s Rajasthan Gum Pvt. Ltd. (the respondent/assessee). The appeal pertains to an assessment year 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 stated. 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 Whether the appeal can be withdrawn by the revenue in light of the CBDT circular dated 17.09.2024, considering the tax effect is below Rupees Two Crores? Contentions: Assessee: No arguments recorded. Revenue: The learned counsel for the appellant (revenue) sought permission to withdraw the appeal, citing the CBDT circular dated 17.09.2024, as the tax effect in the appeal is below Rupees Two Crores.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:42455-DB] (1 of 1) [ITA-86/2017] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 86/2017 Pr. Commissioner Of Income Tax-I, Jodhpur. ----Appellant Versus M/s Rajasthan Gum Pvt. Ltd., S-272, F-1, Mia, 2Nd Phase, Basni, Jodhpur. ----Respondent For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 18/10/2024 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 The appeal is dismissed as withdrawn. 3.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 97-devrajP/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 23/10/2024 at 10:20:14 AM) (Downloaded on 28/10/2026 at 12:47:35 AM)

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