THE COMMISSIONER OF INCOME TAX-III, HYDERABAD V. STATE BANK OF HYDERABAD, GUNFOUNDRY, HYDERABAD

ITTA/309/2006

AI Insights

This case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against the order of the Income Tax Appellate Tribunal, Hyderabad, which was related to the assessment year 1996-97. The appeal was filed under Section 260A of the Income Tax Act, 1961. The primary legal issue was whether the monetary limit for filing appeals set by the CBDT circulars affected the admissibility of the appeal in question. The court heard arguments from both the standing counsel for the Income Tax Department and the counsel for the respondent, State Bank of India, Gunfoundry, Hyderabad. The court's decision to dismiss the appeal was based on the application of the monetary limit as per the latest CBDT circular, which aims to reduce litigation by setting thresholds below which appeals should not be filed.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 727926 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 04-01-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: KARTHIK PUTTAMREDDY
• Assessee Lawyers: J V PRASAD
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"IN THE HIGH COURT.FOR THE STATE OF TELANGATUA AT HYDERABAD WEDNESDAY ,THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE N.TUKARAMJI I.T.T.A. NO: 309 OF 2006 Appeal Under Section 260A of the lncome Tax Act, 1961 against the order dated 07-04-2005 in ITA No. 16/H/99 0n the file of the lncome tax Appellate Tribunal, Hyderabad Bench -8, Hyderabad preferred against the order of the Commissioner of lncome Tax (Appeal ) -l , Hyderabad dated 12' 05-1999 in Appeal No. 2/ Tr/SR-3 / CIT (A) - l/98-99 preferred against the order of the Deputy Commissioner of lncome Tax (Assts) , Special Range -3, Hyderabad dated 17-1'l'1997 in PAN / GIR No. S-74 Between: The Commissioner of lncome Tax-lll, Hyderabad. AND State Bank Of Hyderabad , Gunfoundry, Hyderabad. ...APPELLANT ...RESPONDENT IA NO: 1 OF 2018 Petition under order Vl Rule 17 Read with section 151 of cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased permit the petitioner to substitute its name as respondent in the appeil as \"State Bank of lndia Gunfoundry Hyderabad\" by amending the cause title accordingly in the interest of justice Counsel for the Appellant:SRl. J.V. PRASAD SC FOR INCOME TAX DEPT' Counsel for the Respondent: SRI KARTHIK RAMANA PUTTAMREDDY The Court made the following: ORDER I THE HON'BLE THE CHIEF JUSTICE UJJAL BHI.IYAN ANP THE HON'BLE SRI JUSTICE N.TUKARAMJI I.T.T.A.No.309 of 2006 JUDGMENT: @er the Hon'ble the Chief Jutiw Ujjal Bhuyan) Heard Mr. J.v.Prasad, learned Standing counsel for Income 'fax Department appearing for the appellant and Mr. IQrthik Ramana Puttamreddy, learned counsel for the respondent. 2. This appeal under Section 260A o[ the Income Tax Act, 1961 (briefly, 'the Act' hereinafter), has been preferred by the revenue as the appellant against the order dated 07.04.2005 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B' Flyderabad (fribunal), in I.T.A.No.16/Hyd/1999 for the assessment year 1996-97. 3. Mr. J.v.Prasad, learned Standing counsel fakly submits that tax effect in this appeal is below rhe mon etary limit for filing appeal I { / ,.. 4. Centrai Board o[ Direct Taxes (CBDT) has issued\" Circular No.17 of 2019, dated 08.08.2019, amending the previous Circular No.3 of 201.8, dated 11.07.2018, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragtaph 2 of the said circular we find that the monetary limit fixed for filing an appeal before the High Court is Rs.1.00 crore. 5. Therefore, the appeal filed by the revenue is dismissed in tefms of the aforesaid Circular No.17 of 201,9, dated 08'08'2019' However, if the appeal comes within the exceptiofl under paragraph 10 of circular No.3 of 2018, it would be open to the IncomeTaxDepartmenttoseekrevivaloftheappeal. Miscellaneousapplicationspend\"ing'rfany'shallstandclosed' However, there shall be no order as to costs' ,,TRUE COPYI/ To, Tribunal, HYderabad 1. The lncome tax APPellate e Tax (APPeal ) -l ' '.,-ia?*fH'56,t*'*ilJ (Yt SEGTIdN OFFICER Bench -8, HYderabad HYderabad 2. The Commissioner of lncom Commissioner of The DePutY HYderabao AD Advocate IOPUC] lncome Tax (Assts) , SPecial Range'3 ' Advocate [OPUCI 3. 4 One CC to 5. One CC to SRI. J.V. PRAS SR . KARTH K RA AANA 6. Two CD Copies \"$\"- PUTTAMREDDY I I / { HIGH COURT HCJ & NTRJ DATED :0410112023 JUDGMENT ITTA.No.309 of 2006 DISMISSING THE ITTA WTTHOUT COSTS 1r$ r Q, Lt- LL s 1 ro ut r y cE s 3 * 140. i!, )3 >3 ;l ii !l "