Prl. Commissioner of INCOME TAX V. M/s. Sathvahana ISPAT LIMITED

ITTA/417/2018

AI Insights

This case involves an appeal by the Principal Commissioner of Income Tax-3 against M/s Sathvahana Ispat Limited concerning an order from the Income Tax Appellate Tribunal, Hyderabad. The appeal was related to the assessment year 2003-2004 and challenged the decision made by the Commissioner of Income Tax (Appeals)-IV, Hyderabad. The primary legal issue was whether the appeal should proceed given the monetary limits set for litigation by the Income Tax Department. The court's decision to dismiss the appeal was influenced by the monetary threshold established to minimize unnecessary legal disputes.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 737621 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 04-09-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: B SAPNA REDDY
• Assessee Lawyers: B NARASIMHA SARMA
• Keywords: Appeal dismissed; Income Tax; Litigation reduction; Monetary limit
• Section: 260A

Judgement Text

"t 3386 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTYTHREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY INCOME TN( TRIBUNAL APPEAL No: 417 of 2018 lncome Tax Tribunal Appeal Under Section 260-4 of the lncome Tax Act, 1961 arising out of the order of the lncome{ax Appellate Tribunal, Hyderabad Bench ' B ' Hyderabad, in ITA No.517/Hydl2o07, for Assessment Year 2003-2004 dated 12-09- 2008 preferred against the Order of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad, Appeal No.153/DCIT-3(1yClT(A)-lV/06-07 dated:15-02-2007, preferred against the Order of the Deputy Commissioner of lncome Tax, Circle-3(1)' Hyderabad PAN/GlR No.AACCS8982USA-201, dated 31-03-2006. Between: Principal Commissioner of lncome Tax-3, 1Orh Floor, Signature Towers, Opp- Botanical Garden, Kothaguda, Kondapur, Hyderabad. ...Appellant AND M/s Sathvahana lspat Limited, 505, Divyashakthi Complex, Ameerpet, Hyderabad- 500 0166 (PAN No. AACCS8982USA-201) ...Respondent Counsel for the Appellant: SRI B. NARASIMHA SARMA, Sr. SC FOR lT DEPARTMENT Counsel for the Respondent: Ms. B. SAPNA REDDY The Court delivered the following: JUDGMENT I'HE HON'BLE SRI JUSTICE ]P.SAM KOSI{Y AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY I.T.T.A. No.417 of 12O18 J-_U_D_G$F{!:6r er t lLtt bl<' Sri J.r.str..e P.Ii,4J|, KOSIly./ Heard learnecl Counscl for the appellant and learned courlscl for ttrc rcspondent 2. 'l[-ris appeal r.lnder SL.ction 260A of t-he Income Tax Act, 1 96 1 . has I>cen prr:ferred by the Iir:venue as the appellant aqainst thc ordc| dt,12.09.2008 passed by the lncome 'I'ax /ti:pt'ilatc '[r'ibunal , I-lydcrabad Bench 'B', ]l,1,derabad, 1n I I1'A.No.517l11 .t,cl l?,OC'l for the assessln€,nt year 2OO2-2OO3. 3. Central l}rard of Dircct 'l'a-xes (CIIDT) has issued Circular l,io.I7 of 2019 dt.08.08.20 I9, amendir.rg the previotrs Circular No.il of 20 18 dt. | 1 .O'i .2O I B, bv lurther cnhancing the monetarn lirniLs for f-i1ing erltpr:zLls b1' thc Income Tra-x DepartmenL belorc t_he Income Ter-x Appellate Tribur-rals, i{igh Cr)urts and Slrprcme Court as a meas)ur-c for reducing litigati:n. Tn paragraph 2 of thc saeicl Circr-r1ar, ri'c find that the moltetar')/ limit fixed for liling an I I appcal bcfor,,r the llitlh Court is Rs.l .00 clore 2 4 In the instant appeal, tax effect ts well belolv the monetaly limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the aforebaid Circular No.17 of 2019 dt.OB.OB.2Ol9. However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 2OIa, ft would be open to the Income Tax Department to seek revival of the appeal. No order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- B.S.CHIRANJEEVI JOINT REGISTR]IR- €-'' SECTION OFFICER To, 1 . The lncome-tax Appellate Tribunal, Hyderabad Bench ' B ' Hyderabad. 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad. 3. The Deputy Commissioner of lncome Tax, Circle-3(1 ), Hyderabad 4. One CC to SRI B. NARASIMHA SAR[/A, Sr SC FOR lT DEPARTIVENT loPUCl 5. One CC to Ms. B. SAPNA REDDY, Advocate [OPUC] 6. Two CD Copies kam NJB ,x - x HIGH COURT DATED:04/0912023 JUDGMENT !TTA.No.417 of 2018 THE APPEAL IS DISMISSED ,:', i,: 1 B ti;I ?-$J "