Commissioner of Income Tax-III, Hyderabad V. M/s. Virchow Laboratories Limited

ITTA/63/2008

AI Insights

This case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against M/s. Virchow Laboratories Ltd. concerning an order from the Income Tax Appellate Tribunal, Hyderabad. The appeal was under Section 260A of the Income Tax Act, 1961, challenging an earlier decision for the assessment year 1998-99. The primary legal issue was whether the appeal should proceed given the monetary limits set by recent CBDT circulars aimed at reducing litigation. The court found that the tax effect was below the prescribed limit, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 720136 (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: A V KOUNDINYA
• Assessee Lawyers: B SARMA
• Keywords: Appeal; CBDT Circular; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[ 3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 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 LAXMI NARAYANA ALISHETTY INCOME TAX TRIBUNAL APPEAL No: 63 OF 2008 lncome Tax Tribunal Appeal Under Section 260A of the lncome Tax Act, 1961 arising out of the order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad in ITA No.477lHyd12002, Assessment Year: 1998-99, dated 14-08-2003 preferred against the Order of the Commissioner of lncome Tax , (Appeals)-lV, Hyderabad, Appeal No.330/JCSR-5iClT(A)lViO1-02,dated:14-03- 2022 preferred against the Order of the Additional Commissioner of lncome Tax, (Assessments) Special Range-S, Hyderabad, PAN No.AAACV7241F, GIR No.V-24 dated 28-1 1-2000. Between: Commissioner of lncome Tax-lll, Hyderabad ...APPELLANT AND M/s. Virchow Laboratories Ltd., Jeedimetla, Hyderabad. ...RESPONDENT Counsel for the Appellant: B. NARASIMHA SARMA Counsel for the Respondent: SRI A.V. KRISHNA KOUNDINYA The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSttY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY I.T.T.A. No.63 of 2OO8 JUDGMENT:ap e.r Ho,t'ble Si Justice P.SAM KOSHli,) Heard Sri B. Narasimha Sarma, learned counsel for the appellant and Sri A.V. Krishna Koundinya, learned counsel for the respondent. This appeal under Section 260A of the Income Tax Acr, 196 1, has been preferred by the Revenue as the appellant against the order dt. 14.08.2003 passed by the lncome Tax Appellate Tribunal, Hyderabad Bench ,8,, Hyderabad, 2 1n lTA.No.477 /Hyd/2OO2 for the assessment year 199g_1999. 3. Central Board of Direct Taxes (CBDT) has issuecl Circular No.17 of 2019 dt.O8.OB.2olg, amending the previous Circular No.3 of 2018 dt. lI.O7.2OlB, by further enhancing the moneta-ry 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 paragraph 2 of the said Circular, .,r,e find that the monetary limit fixed for filing an appeal before the High Court is Rs. 1.00 crore. 4. In the instant appeal tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the a-foresaid Circular No'17 of 20 19 dt'08 08'2019' However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 20 18, it would be open to the Income Tax Department to seek revival of the appeal' No order as to costs. 6. Consequently, miscellaneous petitions pending' if any' sha-1l stand closed Sd/-K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPYII SECTION OFFICER The lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad. The Commissioner of lncome Tax , (Appeals)-lV, Hyderabad. The Additional Commissioner of lncome Tax, (Assessments) Special Range- 5, Hyderabad. One CC to SRI B. NARASIMHA SARMA, Advocate [OPUC] One CC to SRI A.V. KRISHNA KOUNDINYA, Advocate [OPUC] Two CD Copies qb To, Prnq. 1 3 4 q fi kam HIGH COURT DATED:0910812023 JUDGMENT ITTA.No.63 of 2008 ITTA IS DISMISSED s =s o -+ i:\"; .: -. .-<:.4 '.,'.J' '-.:/- il.r C1 :-+ e r-e' ti) "