Principal Commissioner of Income Tax-3 V. M/s.Sainath Estates (P) Limited

ITTA/343/2019

AI Insights

This case involves an appeal by the Principal Commissioner of Income Tax-3 against the order of the Income Tax Appellate Tribunal, Hyderabad, concerning the assessment year 2008-09. The appeal was dismissed based on the monetary limits for filing appeals set by the Central Board of Direct Taxes (CBDT) to reduce litigation. The specific monetary limit for filing appeals in the High Court was Rs. 1.00 crore. The tax effect in this case was below that threshold, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 742783 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 17-10-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: B SAPNA REDDY
• Keywords: Appeal dismissed; Income Tax; Litigation reduction; Monetary limits
• Section: 260A

Judgement Text

"[3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD TUESDAY, THE SEVENTEENTH DAY OF OCTOBER 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: 343 of 2019 lncome Tax Tribunal Appeal Under Section 260-4 of the lncome Tax Act, 1961 arising out of the order of lhe lncome-tax Appellate Tribunal, Hyderabad Bench ' A , Hyderabad, in l.T-A.No.12551Hyd12012, dated 11-01-20'lg Assessment year 20OB- 09 preferred against the Order of the Commissioner of lncome Tax (Appeals)-|, Hyderabad, ITA No.0667 & 0668/DC|T/CC-2,HydtCff(A)-1t10-j1 dated:20-06-2 12, preferred against the Order of the Deputy Commissioner of lncome Tax Central Circle-2, Hyderabad PAN/GIR No.AAFCSO2 1 1 D dated 3 1 - 1 2-20 1 0. Between: Principal Commissioner of lncome Tax-3, 8th Floor, Srgnature Towers, Kondapur, Hyderabad. ...AppeltanURespondent AND l!:.Sallal! Eglates (P) Limited, 1-8-333 & 334, A-Wane, Begumpet, Hyderabad (PAN AAFCS0211D) ...RespondenUAppellant Counsel for the Appellant: SRI B. SAPNA REDDY, SC FOR tT DEPARTMENT Counsel for the Respondent: None Appeared The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE) P.SAM KOSITY AND THE HON'BLE SRI JUSTICE A. LAXMI NAEAYANA I.T.T.A. No. 343 ol' 2O 19 J!DG!4EN1:0,\" t t [urbte S'i,Jr,.sttct P.SAM K0SHY) Hcard Ms.B.Sapna Reddr,. Iearned Stalding Counsei appearing for thr aPpcllarr 2. 'l'his appeal under Section 260A of the lncome Ta( Act, 196 l, has bccrr prcferrcd b1: thc lls1,1111rrr: as the appeliant agair.rst the order dt.0ll. I2.20 l2 ptrssed bJ. tltc l;rcome Tax Appeliate Tribun:Ll, H_vdcrabad Bcrrcir 'A', Hvdcr-abad, in I.'l'.A.No.1255lHyd/2012 tor thc Assc,ssmenL Yezrr 2008-oq 3. Central Boar-d of Dircct 'laxes (CBDT) has issued Circular Nc. i7 of 2019 dt-08.08.2o19, amending the prcvious Circuiar No.3 of 2Ol8 dt. I 1.07.2018, by further enharrcing the monerary limits for liling appcals by thc [ncomr: Tzrx Department before the hrcome Tax Appellatc Trtbuna]s, High Courts and Supreme Courr as a measure for reducing litigation. ln paragraph 2 of t hc said Circular. we frnd *rat the monetarv limit fixed for filing an appeal before thc lligh (lourt is Rs. 1.OO crore. 4. In thc ursl:int appcal, tax clfcct is well below the monetary limir 5. Therefore, the appeal filcd lly the DepeLrtment is dismissed in terms of the aforesaid Cir-cular No.17 of 20 l9 dt.08.C,8.2019. However, if thc appeal comcs withir.r tht: cxception undcr paragr-aph 1O of Circular No.3 of 2018, it ,-I 2 would be open to the Income Ta-x Departmct.lt to seck revival oI the apPeal No order as to costs. 6. Consequently, miscellaneous petitions pending, if arl , shall stand closed Sd/. C.V. MALLIKARJUNA VARMA JOINT REGISTRAR //TRUE COPY// @ To, kam .-' v SECTION OFFICER 1. The lncome{ax Appellate Tribunal, Hyderabad Bench'A' Hyderabad' 2. The Commissioner of lncome Tax (Appeals)-|, Hyderabad 3. The Deputy Commissioner of lncome Tax Central Circle-2' Hyderabad 4. One CC to SRI B. SAPNA REDDY, SC FOR lT DEPARTMENTTOPUCI 5. Two CD CoPies HIGH COURT DATED:1711012023 JUDGMENT ITTA.No.343 of 2019 THE APPEAL IS DISMISSED C 0 3 ilov 2[n t ;- sil 4l.r_ .( ? c ), li * iS r),.; il .i 0 "