THE COMMISSIONER OF INCOME TAX-IV, HYDERABAD V. M/S. PKL LIMITED

ITTA/817/2006

AI Insights

This case involves an appeal by the Commissioner of Income Tax-IV, Hyderabad against M/s. PKL Ltd concerning an order passed by the Income Tax Appellate Tribunal, Hyderabad. The appeal was related to the assessment year 1994-95. The primary legal issue was whether the appeal should proceed given the monetary limits set by the CBDT to reduce 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) 745855 (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 RAGHURAM
• Assessee Lawyers: J V PRASAD
• Keywords: Appeal; CBDT Circular; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[ 33861 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 A. LAXMI NARAYANA INCOME TAX TRIBU NAL APP EAL No: 817 OF 2006 lncomeTaxTribunalAppealUnderSection260AofthelncomeTaxAct, 1961 arising out of the order of the lncome Tax Appellate Tribunal, Hyderabad Bench ,A\" Hyderabad in ITA No.672lHyd/1999, for Assessment Year ',!994-95 dated 18-06-2004 preferred against the order of the commissioner of lncome Tax , (Appeals-lll),HyderabadAppealNo.2lTlTRyDC(A)l/ClT(A)-llU98.99,dated:06.09-99 preferred against .the order of the Deputy commissioner of lncome Tax (Assts) Spl.Range-l, Hyderabad, PAN/GlR No.P-1 , dated 30-12-1996' Between: The Commissioner of lncome Tax-lV, Hyderabad. ...APPELLANT AND M/s. PKL Ltd, (Formerly Known as Primus Kabson Limited) Plot No'48, B-3-1087' Srinagar ColonY, HYderabad. ...RESPONDENT counsel for the Appellant: Mr. J.V. PRASAD, Learned senior standing counsel appearing for SRI S.R. ASHOK & V.R. BADRI, SC FOR INCOME TAX Counsel forthe Respondent: SRI A.V. RAGHU RAM The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSITY AND THE HON'BLE SRI JTISTICE A. LA)(lvII NARAYANA I.T.T.A. No.8t7 of 2006 JqBGXIETT:/p,zr I lori'Itu'.Srr ./uslrr.r, p. Sz4I,I I(OSEy./ Heard Mr. J.V. Prasad, learned Senior Stalding Counsel appeanng for the appellant 2 This appeal under Section 2604 of the Income Tax Act. 1961. has been preferred by the Revenue as the appellant against the order dt. i8.06.20O4 passed by rhe lncome 'lzrx Appcllate Tribunzri, Hyderabad Benc*r 'A', Hyderabad, in LT.A.No.672 lHydl1999 for the Assessment year I994-95. 3. Cerrtral Board of Direct Teuxes (CBDT) has issueci Circular Nc. 17 of 2019 dt.08.O8.2019, arnending the previous Circular No.3 of 20lg dt. 11.07.2018, bv flurt]rer enhancing the monetarv limits for hling appea_ls by the Incrrme Tzui l)cPartment before the Income Ta-x Appellate T.bunals, I{igh Courts and Suprcrnc Court as a measure for reducing litigation. ln paragraph 2 of the said Circular-. we hnd that the monctarv hmit fixed for hling zrn appeal before the I{igh Court is Rs. 1.00 crore. I ln the instant appeal, tax cffect is well belor,r, the molie!.ary limit 5. Therefore, the ap1:eal filecl by the Department is dtsmissed in terms of the aioresaid Circular Nrr. l7 of 2C l9 Ct.Ot3.0g.20 19. How.ve;., if the appeal .-'olnes ,rthln thc .xccJ..lion u.rl.r paragr;,rph l0 of Crrr:ular No.3 of 20 1g, it t 2 would bc open to the Incomc Ta, Department to seek revival of the appeal No order as to costs. 6. Consequent.ly, miscellaneous petitions pending, if any, shal1 stald closed Sd/. M. VIJAYA BHASKER JOINT REGISTRAR sfc, To, kam //TRUE COPY// SECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad 2. The Commissioner of lncome Tax , (Appeals-lll), Hyderabad. 3. The Deputy Commissioner of lncome Tax (Assts) Spl.Range-|, Hyderabad. 4. One CC to SRI S.R. ASHOK & V.R. BADRI, SC FOR INCOME TAX IOPUC] 5. One CC to SRI A.V. RAGHU RAtvl, Advocate [OPUC] 6. Two CD Copies ,y- ' HIGH COURT DATED: 0910812023 JUDGMENT ITTA.No.817 ot 2006 ITTA IS DISMISSED 1,t{E! Cr4re lJ i1 : (i f, qJ [5 StP?m :/ 19 ,.tf/.,& ,A/ "