THE COMMISSIONER OF INCOME TAX V. M/S.BEST INDIA TABACCO SUPPLIERS PVT LTD

ITTA/276/2006

AI Insights

The case involves an appeal by the Commissioner of Income Tax, Guntur against M/s. Best India Tobacco Suppliers Pvt. Ltd., concerning tax assessments for the year 1995-96. The appeal was based on orders from the Income Tax Appellate Tribunal, Visakhapatnam, and the Deputy Commissioner of Income Tax, Guntur. During the proceedings, the appellant's counsel referred to a CBDT circular advising withdrawal of appeals with a tax effect below Rs. 1 crore. The court, referencing a similar case (ITTA.No.185 of 2016), permitted the withdrawal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 733279 (HC-ANDHRA_PRADESH)
• Appeal Type: Others
• Pronouncement Date: 17-04-2023
• Assessment Year: misc
• Other Referred Cases: ITTA.No.185 of 2016
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: SRINIVASA RAO DAMMALAPATI
• Assessee Lawyers: M KIRANMAYEE
• Keywords: Appeal Withdrawal; CBDT circulars; Income Tax; Tax effect; Tax effect
• Section: 260A

Judgement Text

"IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO AND THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO INCOME TAX TRIBUNAL APPEAL NO: 276 OF 2006 Income Tax Tribunal Appeal Under Section 260A of the Income Tax Act 1961 against the Order made in I.T.A.No.70Niz/2003 dated 16.03.2004 on the file of the Income Tax Appellate Tribunal, Visakhapatnam for the Assessment year 1995 to 1996. Preferred against the Order made in I.T.A.No.0113/02-03 for the assessment year 1995 — 1996 dated 15.01 .2003 on the file of Deputy Commissioner of Income Tax Circle — 2(1) Guntur. Preferred against the Order made in PAN/GIR No.B-16/DCIT/Cir-2(1)/GNT, dated 17.04.2002 on the file of the Income Tax Officer, Guntur. Between: The Commissioner of Income Tax, Guntur. ...Appellant AND M/s. Best India Tabacco Suppliers Pvt. Ltd., Guntur. ...Respondent Counsel for the Appellant: SMT. M KIRANMAYEE Counsel for the Respondents: SRI SRINIVASA RAO DAMMALAPATI The Court made the following: HON'BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO Income Tax Tribunal Appeal No.276 of 2006 JUDGMENT: (Per UDPR, J) When the matter is taken up for hearing today, Smt M. Kiranmayee, learned standing counsel for Income Tax Department appearing for the appellant, by referring to Circular No.17 of 2019, dated 08.08.2019, of the Central Board of Direct Taxes (CBDT), would submit that all the appeals where the tax effect is below Rs.1,00,00,000/- (Rupees One Crore only) are required to be withdrawn and as in the present appeal also the tax effect being, less than Rs.1,00,00,000/-, the appeal may be permitted to be withdrawn. Learned Standing Counsel further prayed that liberty may be granted in case it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in Circular No.3 of 2018, dated 11.07.2018, issued by the CBDT, then to file an application for restoration of the appeal. Learned Standing Counsel placed on record a copy of the judgment dated 20.02.2020 in ITTA.No.185 of 2016 to submit that in similar case by referring Circular No.17 of 2019, the said appeal was permitted to be withdrawn. Having regard to the above submissions of learned Standing Counsel and on a perusal of the copy of the judgment in IT T A.No.185 of 2016, dated 20.02.2020, permission is accorded to withdraw the appeal. The appeal is, accordingly, dismissed as withdrawn with the liberty as afore-stated. No costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed. SDI- P VENKATA RAMANA JOINT REGISTRAR I/TRUE COPY// SECTION\"OFFICER To, 1. The Chairman, Income Tax Appellate Tribunal, Visakhapatnam. 2. The Commissioner of Income Tax (Appellate) Circle — 2(1), Guntur, Guntur District, A.P. 3. One CC to Sri M Kiranmayee (SC for Income Tax) EOPUC] 4. One CC to Sri Srinivas Dammalapati, Advocate [OPUC] 5. Two CD Copies sree HIGH COURT DATED: 17/04/2023 JUDGMENT ITTA.No.276 of 2006 19 Qcr 2023 DISMISSING THE I.T.T.A. AS WITHDDRAWN . "