The Commissioner of Income Ta V V. Shri Ghanshyam Pamnani

ITTA/769/2017

AI Insights

This case involves an appeal by the Income Tax Department against the order of the Income Tax Appellate Tribunal, Hyderabad, which was dated 31-08-2007. The appeal was related to the assessment years 1988-1998. The core issue was whether the appeal should be admitted given the monetary limits set by the CBDT for filing appeals in higher courts. The Income Tax Department argued for the reconsideration of certain tax assessments, but the court found that the tax effect was below the prescribed monetary limit of Rs. 1.00 crore, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 684680 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 06-09-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: MANJARI GANU
• Assessee Lawyers: J V PRASAD
• Keywords: Appeal; Income Tax; Litigation reduction; Monetary limits
• Section: 260-4

Judgement Text

"[ 3386 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA INCOME TAX TRIBUNAL APPEAL No: 769 ot 2Q17 lncome Tax Tribunal Appeal Under Section 260-4 of the lncome Tax Act, 1961 arising out of the order of the lncome-tax Appellate Tribunal, Hyderabad Bench SMC 'A'Hyderabad, in ITA No.57lHyd/2003, dated 31-08-2007 preferred against the Order of the Commissioner of lncome Tax (Appeals)-l, Hyderabad, ITA No.0468, 0470.O471 & 0478iCC-5, Hyd/ClT (A)-110243, dated:12-11-2003, preferred against the Order of the Assistant Commissioner of lncome Tax, Central Cirlce-S, Hyderabad PAN/GlR No.AEKPP2278RyG-704/CC-5, dated 27 -1 2-2002. The Commissioner of lncome Tax-V, l.T.Towers, A.C.Guards, Masab Tank, Hyderabad. ...AppellanURespondent ANO Shri Ghanshyam Pamnani, Bombay Halwa House, Secunderabad. ... RespondenUAppellant Counsel for the Appellant: SRI J.V. PRASAD, Senior SC lT DEPARTMENT appearing for SRI B. NARASIMHA SARMA Counsel for the Respondent: MANJARI S GANU The Court delivered the following: JUDGMENT Between: 1 JUDGIIIENT: lper H(.tr'ble Sn ,Jtl.,tre P.SAM KOSHY) Heard Sri J.V.Prasad, learned Senior Standing Counsel a.ppearing for the appellant. 2. This appral under Sectron 2604 of the lncome Trx Act. 1961, has been preferred by the Revenue as the appell.rnt aigainst the order dt.31.O8.2007 passed b1' the Income Tax Appellate Tribu nal, Hyderabad IJench Fi'. Hvderabad. in I.'1.A.No.57/Hyd/2O03 for tJle.{.ssessment years 1988- r998. .1. Centra.l llrard of f)irccr Ta.':es (CBDTi has issued Circular No, 17 of 20l9 dt.08-Oii..l0l(r. :rrnerrdrrrp. the previous Cirr-'ula: No.3 of 201a dt.'l 1.07.20 18, bv lrrrthcr t'nhanr r;rg thc rronetar]' limits for iiting appeals bJ, ttre lrrcomc Tr-r Dcpartnrcnt lrctorc the lncome Tax Appeliat.: Tribunals. Iiigh Courts :rrrrl Suprernc Court as a measure for redu:ing litigation. In paragrapl: 2 of the said Cirr:rrla-\", we find that the rnonetiu / lirnit fixed for filil)g r.;n up{)cill I r;ltrrt: lirr' lligh (,'r;irrr rs Rs.l.0O crore. 4. [n the instant appc;lt. tax clfect is well belou'the morrer.a5r limit. 5 Therefor(-', thc.rpr)(:;rl !ll(-d bv the l)epartment rs disrnis,sed in terms of thc afr>rcsarcl Crr:ular No. l7 -f .],.1 ,(l dt.Ll8 titl.2o r 9. ilower.er, il'the appeai comes r.rithin trrr {'xcepr:rr.r unrt(, pi-r-irgr:}pl. l0 of (. rrcular i,lcr.!; of 20 t8, it ,IHE HON'BLE SRI JUSTICE P.SAM KOSITi' AND THE HON'BLE SRI JUSTICE A. LAXMI NAR.A.Y.rIN,A I.T.T.A. No. 769 of 2Ol7 I I I 2 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, shall stand closed. //TRUE COPY// SD/. K.SRINIVASA RAO JOINT.REGISTRAR qB SECTION OFFICER To, 1. The lncome-tax Appellate Tribunal, Hyderabad Bench SMC ' A ' Hyderabad. 2. The Commissioner of lncome Tax (Appeals)-|, Hyderabad. 3. The Assistant Commissioner of lncome Tax, Central Cidce-S, Hyderabad. 4. One CC to SRI B. NARASIMHA SARMA, SC FOR lT DEPARTMENT [oPUC] 5. One CC to SRI MANJARI S. GANU, Advocate IOPUC] 6. Two CD Copies kam g 11s l I I I HIGH COUR'T DATED:0610tt12023 JUDGMENT lTTA.No.769 of 2017 THE APPEP,L IS DISMISSED irE STAr€: t ) o )* 11 0t1 2m l L) ) },t ., t ',.. i.. . ' ,;,/ (Dc\"plg ffi "