PR. COMMISSIONER OF INCOME TAX-CENTRAL, JAIPUR vs. M/S PACIFIC LEASING AND RESEARCH LTD.

ITA/9/2019HC RajasthanRJHC01041949201916 February 2024Bench: MANINDRA MOHAN SHRIVASTAVA,MUNNURI LAXMAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court granted permission to the appellant (revenue) to withdraw the appeal. This decision was based on Circular No. 17/2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, which sets a monetary threshold of Rs. 1 crore for filing appeals. The Court noted that the tax effect in the present appeal was below this threshold. Consequently, the appeal was dismissed as withdrawn. No substantive issues of income tax law were decided, and therefore, no ratio decidendi for future cases on merits was established. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The appellant, Pr. Commissioner of Income Tax-Central, Jaipur, filed an appeal before the High Court of Judicature for Rajasthan at Jodhpur against an order concerning M/s Pacific Leasing And Research Ltd. The assessment year(s) are not specified in the judgment. The appeal challenges an order passed by an unnamed authority. The amount in dispute is not explicitly stated, but the reason for withdrawal hinges on the tax effect. The procedural history involves the filing of the present appeal by the revenue.

What were the issues?

The Tribunal did not have to decide any substantive issues on merits. The sole question before the Court was whether the appellant (revenue) should be permitted to withdraw the appeal. The revenue, through its counsel, sought permission to withdraw the appeal based on Circular No. 17/2019, which stipulates a monetary limit for filing appeals. The revenue argued that the tax effect in the present appeal was less than Rs. 1 crore, making it eligible for withdrawal under the said circular. The respondent (assessee) did not present any arguments as they were not represented.

AI-generated summary — verify with the full judgment below

[2024:RJ-JD:8254-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 9/2019 Pr. Commissioner Of Income Tax-Central, Jaipur, Jaipur ----Appellant Versus M/s Pacific Leasing And Research Ltd., Dheeraj Gaurav Heights I, Adarsh Nagar, Andheri (W) Mumbai 53 ----Respondent For Appellant(s) : Mr. K.K. Bissa. For Respondent(s) : --- HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 16/02/2024 In view of Circular No.17/2019 [F.No.279/MISC.142/2007-IT] (PT.)] dated 08.08.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, Government of India, New Delhi, as clarified vide communication dated 20.08.2019, the tax effect involved in the present appeal being less than Rs.1 crore, learned counsel appearing for the appellant seeks permission to withdraw the appeal. Permission is granted. The appeal is dismissed as withdrawn. (MUNNURI LAXMAN),J (MANINDRA MOHAN SHRIVASTAVA),CJ 27-a.asopa/-

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