In an income tax income tax appeal where the tax effect was below ₹2 Crores due to a CBDT circular dated 17.09.2024, the court dismissed the appeal as withdrawn upon the appellant's request, while keeping the substantial question of law open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:47172-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Income Tax Appeal No. 82/2024
The Principal Commissioner Of Income Tax, (Central), Rajasthan, 4Th Floor, Lic Building, Bhawani Singh Road, Ambedkar Circle, Jaipur.
----Appellant
Versus
Yashwant Kumar Sharma, F-108, Industrial Area, Makhupura Parbatpura, Ajmer.
----Respondent For Appellant(s) : Mr. Mehyul Mittal, Adv. for Mr. Siddharth Bapna, Adv. For Respondent(s) : -
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
18/11/2024
(ASHUTOSH KUMAR),J
(AVNEESH JHINGAN),J
Mohita/Riya/7
2 issues framed by the court
Whether the income tax appeal can be withdrawn upon permission granted due to a circular reducing tax effect to below Rupees Two Crores.
Whether the formulated substantial question of law should be disposed of or kept open when the appeal is withdrawn.
Principal Commissioner Of Income Tax, (Central), Rajasthan
Yashwant Kumar Sharma
Avneesh Jinghan
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
