The Principal Commissioner of Incom Tax-I vs. SHRI RAKESH SARIN

TCA/282/2024HC Madras2024/MHC/393025 November 2024Bench: Honourable Dr Justice ANITA SUMANTH2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the submission of the Revenue's Senior Standing Counsel that the Income-Tax Department did not wish to pursue the appeal for assessment year 2016-17 and sought its withdrawal due to the low tax effect, citing Circular No. 9 of 2024. Accordingly, the Court dismissed the tax case appeal as withdrawn. The High Court explicitly stated that the question of law remains open to be decided in an appropriate matter. No specific relief was granted to either party on the merits of the case, as the appeal was withdrawn by the appellant.

What were the facts?

The Principal Commissioner of Income Tax – 1, Chennai (the Revenue) filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 24.04.2023 passed by the Income Tax Appellate Tribunal (ITAT) in I.T.A.No.730/Chny/2020, concerning assessment year 2016-17. The appeal was filed against Shri Rakesh Sarin (the assessee). The Revenue appeared through its Senior Standing Counsel, Mr. T. Ravikumar, and the assessee was represented by Mr. Ravi Kannan. The appeal was listed for hearing before the High Court of Judicature at Madras.

What were the issues?

1. Whether the appeal filed by the Revenue against the ITAT's order for assessment year 2016-17 should be dismissed as withdrawn. (Question of law) The Revenue argued that it did not wish to pursue the appeal for assessment year 2016-17 and sought withdrawal of the same. This request was based on the low tax effect, as per Circular No. 9 of 2024 dated 17.09.2024. The judgment does not record any specific arguments from the assessee's side regarding the withdrawal.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

T.C.(A)No.282 of 2024

I.T.A.No.730/Chny/2020

Read from the judgment's own cause title. This page is filed under one of them.

2024:MHC:3930 T.C.(A)No.282 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.11.2024 CORAM : THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN T.C.(A)No.282 of 2024 The Pr. Commissioner of Income Tax – 1, Chennai. .... Appellant vs Shri Rakesh Sarin .... Respondent Prayer : Appeal filed under Section 260A of the Income Tax Act, 1961 against order dated 24.04.2023 made in I.T.A.No.730/Chny/2020 in respect of assessment year 2016-17. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For Respondent : Mr.Ravi Kannan 1/2 https://www.mhc.tn.gov.in/judis T.C.(A)No.282 of 2024 Dr.ANITA SUMANTH,J. AND G.ARUL MURUGAN,J. JUDGMENT (Delivered by Dr. ANITA SUMANTH.,J) Mr.T.Ravikumar, learned Senior Standing Counsel, appearing for the appellant/Department would submit that the Income-Tax Department does not wish to pursue this appeal qua assessment year 2016-17 and seeks withdrawal of the same on account of the low tax effect per Circular bearing No.9 of 2024 dated 17.09.2024. 2. Recording the aforesaid submission, this tax case appeal is dismissed as withdrawn leaving the question of law open to be decided in an appropriate matter. [A.S.M., J] [G.A.M., J] sl

25.11.2024 Index:Yes/No Neutral Citation:Yes Speaking order T.C.(A)No.282 of 2024 2/2 https://www.mhc.tn.gov.in/judis

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