THE COMMISSIONER OF INCOME TAX-III V. M/S.SEHGAL LEASING AND INVESTMENT LTD

ITTA/257/2007

AI Insights

This case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against M/s. Sehgal Leasing and Investment Ltd concerning an order passed by the Income Tax Appellate Tribunal, Hyderabad. The appeal was filed under Section 260A of the Income Tax Act, 1961, challenging the tribunal's decision for the assessment year 2001-02. The primary legal issue was whether the appeal met the monetary threshold required for filing under the amended circulars by the Central Board of Direct Taxes (CBDT), specifically Circular No. 17 of 2019, which aimed to reduce litigation by setting higher monetary limits for appeals. The court's decision to dismiss the appeal was based on the fact that the amount involved was below the specified monetary limit of Rs. 100 crores for appeals to the High Court.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 720146 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 09-08-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: C V NARASIMHAM
• Assessee Lawyers: J V PRASAD
• Keywords: Appeal; Income Tax; Litigation reduction; Monetary limits
• Section: 260A

Judgement Text

"[33861 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA INCOME TAX TRIBUNAL APPEAL No: 257 OF 2OO7 lncome Tax Tribunal Appeal Under Section 260A of the lncome Tax Act, 1961 arising out of the order of the income Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad in ITA No.802/Hydl2OO4, for Assessment Year 200'1-02 dated 1 3-10-2006 preferred against the Order of the Commissioner of lncome Tax , (Appeals-lV), Hyderabad, Appeal No.048/AC-3(1yClT(A)-lV/04-05 ,dated:09-06- 2004 preferred against the Order of the lncome Tax ACIT 3(2) Hyderabad, PAN/GIR No.S E-28, dated 25-03-2004. Between: The Commissioner of lncome Tax-lll, Hyderabad ...APPELLANT AND M/s.Sehgal Leasing and lnvestment Ltd, 6-3-1092, Raj Bhavan Road, Begumpeet, Hyderabad ...RESPONDENT Counset for the Appellant: Mr. J.V. PRASAD, Learned Senior Standing Counsel appearing for SRI T. BALA MOHAN REDDY Counsel for the Respondent: SRI C.V. NARASIMHAM The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSTTY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA I.T.T.A. No.257 of 2007 .IU_pG!4ENT:pr: t Iton hk, S;;1 .tt..:k.e p.SAM KoSHy) iicard ,1r. .J. tor the appcllant. Prasad, lcarned Senior SreLnding Counsel ailpe .tr rrtg 2. This apoeal under Section 260A ol the Income Ta_x Act, 1961, has bcen prefcrred bv thc Revenue as the appellant agalnst the order dt.13.10.2006 passed bv thc Incomc Tax Appellate Tribunal. Hyclr:r abad Ilcnch A'. Hyderabacl, in I.T A_No.UO2 /Hyd,l2OOa for the Assessmcnr year 2001-o2. J Centrirl Boartl oi Dirt,t:t Taxes (CBDT) has issued Circu lar irrr:, l7 of 2019 dt.O8.Otl.2Ol9, amcnding the previous Circular N.,.3 ot \"0 lg di. I 1.07.20 18, by further t:nhancing the monetar_y limits for filing appeals bt' thc Inconrc lax Dc,partment belorc the lncome Tax Appeltate Tribunals. Hrgh Courts and Su1;reme Court as a measure for reducingl litigatron. In parauraph 2 of the sarcl Circular, we find that the monetarv limit fixed for hling an appeal before the [{igh Court is Rs. l OO cror.e. 4 in the instant a;rpea[, ta-r effect is well below.the rronetarv limir 5. Therefore. thc appeal filed by the l)epartment is dismrssed in rerms of the aforesaid Circular No t7 of 2019 dt.Og.Og.2o19. HowevCr, if the appeal comr:s within rhe exception under paragraph tO of Circular No.3 of 20ltt, it 2 Sd/.K.SRINIVASA RAO JOINT REGISTRAR s SECTION OFFICER :B rvould bc open to the lncome Tax Department to seek revival o[ the appeal No order as to costs Consequently, miscellaneous petitions pending, if any' shall st2'nd closed 6 ,TRUE COPY// To, 1 2 3 4 tlt karn The lncome Tax Appellate Tribunal' Hyderabad Bench'A', Hyderabad The Commissionei of lncome Tax ' (Appeals-lV), Hyderabad ' The lncome Tax ACIT 3(2) Hyderabad. One CC to SRI T. BALA MOHAN REDDY, Advocate [OPUC] One CC to SRI C.V. NARASIMHAM, Advocate [OPUC] Two CD Copies $- 'rl HIGH COURT DATED:0910812023 JUDGMENT lTTA.No.257 of 2007 ITTA IS DISMISSED -) o t- $r stP$a $G s1-ATE o 1 ( q () -1, +, .s r ' . , ;i ---. -- -,- -. -':-'- \" .r- .s$ )b "