THE COMMISSIONER OF INCOME TAX III V. SHRI V. NARAYANA

ITTA/348/2008

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 the assessment year 1996-97. The primary legal issue was whether the appeal should proceed given the monetary limits set by the CBDT for filing appeals. The Department's appeal was dismissed due to the tax effect being below the prescribed monetary limit of Rs. 1.00 crore, as per the CBDT's directive aimed at reducing litigation.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 720130 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 16-08-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHALLA GUNARANJAN
• Assessee Lawyers: B NARASIMHA SARMA
• Keywords: Appeal; CBDT Circular; Income Tax; Monetary limit
• Section: 260-A

Judgement Text

"t 33861 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY INCOME TAX TRIBUNAL APPEAL No: 348 of 2008 lncome Tax Tribunal Appeal Under Section 260-A of the lncome Tax Act, 1961 against the order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad in lTA.No.636/Hyd12004, for assessment Year 1996-97 dated.07-09- 2007 preferred against the Order of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad, Appeal No.97 & 98/Addl.ClT, R-6/C|T(A)-|V/2003-04 dated:31 -O3-2O04, preferred against the Order of the Additional Commissioner of lncome Tax, Range 6, Hyderabad, F.No.Addl.ClT/R-6/Penalties/AC-6(1 y02-03, dated 07-04-2003. Between: The Commissioner of lncome Tax-lll, Hyderabad. ...Appellant AND Shri V. Narayana, C/o. M/s. Sri Rama Engineering Construction, 203, Nilgiri, Aditya EnclaVe, Ameerpet, Hyderabad. ...Respondent Counsel for the Appellant: SRI B. NARASIMHA SARMA, SC FOR lT DEPARTMENT Counsel for the Respondent: SRI CHALLA GUNARANJAN The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOS}IY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHEI]TY I.T.T.A. No.348 of 2OO8 JUDGMENT: per I lon'ble Si Justice p.SAM KOS,Hif) Heard Sri B. Narasimha Sarma, learned coun se for the appellant and Sri Challa Gunaranjan, lcarned counsel for the respondent. 2 . This appeal under Sectio n 260A of the Income ,Iax Act, 196 1, has been preferred by the Revenue as the appellant against the order dt.O7.Og.2OO7 passed by the Income Tax Appellate Tribunal, Hyderabad Bench ,A', Hyderabad, in ITA.No.636/Hydl2OOa for the assessment year 1996-)99,7. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.17 of 2019 dt.08.08.2019, amending the previous ,lircular No.3 of 2018 dt. lI.O7.2OL8, by further enhancing the rronetar5z limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said Circular, we hnd that the monetary limit fixed for filing an appeal before the High Court is Rs. I .00 crore. I I I 2 4. In the instant appeal, ta-x effect is well below the monetary limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.17 of 2019 dt.OB.0a.2019. However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 2018, it 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. / / SD/. M. VIJAYA BHAS(ER JOINT REGIYTRAR v/ To, kam //TRUE COPYi/ SECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad Bench ' A ', Hyderabad 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad. 3. The Additional Commissioner of lncome Tax, Range 6, Hyderabad. 4. One CC to Sri B. Narasimha Sarma, SC for lT Department [OPUC] 5. One CC to Sri Challa Gunaranjan, Advocate [OPUC] 6. Two CD Copies tJ HlGH COURT DATED:1610812023 JUDGMENT ITTA.No.348 of 2008 ITTA IS DISMISSED /, !. ., Fif ill-' ii ).r ..,*t s ':; .-tt LI .L i: 1 ! cb ..,1 ., . * l'' .-'-?.; ri..rt \" ,1i' i--.-.:;- .,/ 4l I I 1 l I "