The Commissioner of Income Tax-III, V. Shri P. Koteswara rao

ITTA/203/2007

AI Insights

This case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against an order passed by the Income Tax Appellate Tribunal, Hyderabad. The appeal was related to a block period from April 1, 1990, to November 23, 2000. The primary legal issue was whether the tax effect in the case warranted an appeal to the High Court, given the monetary limits set by the CBDT to reduce litigation. The court found that the tax effect was below the threshold of Rs. 1.00 crore, as specified in the recent CBDT circular, and thus dismissed the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 684566 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 26-09-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: A V KRISHNA KAUNDINYA
• Assessee Lawyers: B SAPNA REDDY
• Keywords: Appeal; Block period; Dismissal; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[ 3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY 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: 203 ot 2OO7 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 'A ' Hyderabad, in l.T.(SS).A.No.137 lHydl2002, dated 09-05-2006, preferred against the Order of the Commissioner of lncome Tax (Appeals)/Appellate Assistant Commissioner of lncome-tax, Hyderabad, Appeal No.007/CC.5, HYD/ClT(A)-ll02-03 dated:09-07-2002, preferred against the Order of the Assistant Commissioner of lncome Tax Central Circle-s, Hyderabad PAN/GIR No.K-704lC.C-5 dated 12-02- 2002. Between: The Commissioner of lncome Tax-lll, Hyderabad. ...Appellant AND Shri P. Koteswara Rao, Flat No.201, Venkata Durga Nivas, Yellareddyguda, Hyderabad. ...Respondent Gounsel for the Appellant: SRI B. SAPNA REDDY, SC representing SRI J.V. PRASAD, SC FOR IT DEPARTMENT Counsel for the Respondent: SRI A.V. KRISHNA KAUNDINYA The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA I.T.T.A. No.2O3 of 2OO7 JIIDGMENT ftter I Iort'ltLt, l)-n .,rus tu.e P, SA,VI I(OSIrf/ Heard Ms. B. Sapna Reddy, learned Junior Standing Counsei representing Sri J. V. Prasad, learned Senior Star-rding Counsel for Income Tax Department appearing for the appellant. 2. This appeal under Section 260A of the Income Tax Act, 1961, has been preferred by .the Revenue as the appellant against the order dt.09.05.2006 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad, in l.T. (SS).A.No.137 lHydl2OO2 for the Block Period from O 1.04.1990 to 23.11.2000. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.17 of 2019 dt.O8.08.2019, amending the previous Circular No.3 of 2018 dt. 11.07.2018, by further enhalcing the monetary limits for hling appeals by the Income TzLx Department before the Income Ta-x Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit hxed for hling arl appeal before the High Court is Rs.1.O0 crore. 4. In the instant appeal, tax effect is well below the monetary 1imit. 5. Therefore, the appeal hled by the Department is dismissed in terms of the aforesaid Circular No.17 of 2019 dt.08.08.2019. However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 2018, it t I 7 8':.i 2 A would be open to the Income Tax Department to seek revival of the appeal No order as to costs Consequently, miscellaneous petitrons pending, if any, shall stand 6 closed. /TTRUE COPY\" Sd,- K SRINIVASA RAO JOINT REGISTRAR @ SECTION OFFICER To 1. The lncome-tax Appellate Tribunal, Hyderabad Bench ' A ' Hyderabad z. iii\" c\"rrissioner of tncome Tax (Appeals)/Appellate Assistant Commissioner of lncome-tax, Hyderabad 3. The Assistant Commissionliot intornu Tax Certral Circle-S' Hyderabad i. o.\" ct i\" SRI J.V. pnnsno, SC FoR IT-DEPARTMENT [oPUC] ;. 6;; cc i\" sniA.v. KRIsHNA KAUNDINYA' Advocate toPucl 6. Two CD CoPies kam ADK g , HIGH COURT DATED:2610912023 JUDGMENT ITTA.No.203 of 2007 THE APPEAL IS DISMISSED @q8 '} .( .i 9 .a! o S I .). 3{,\" * "