The Commissioner of Income Tax III, Hyderabad. V. Shrilekha Hire Purchase and Finance [P] Ltd.,

ITTA/18/2008

AI Insights

The case involves an appeal by the Commissioner of Income Tax III, Hyderabad against Shrilekha Hire Purchase & Finance (P) Ltd., concerning an order passed by the Income Tax Appellate Tribunal, Hyderabad. The appeal was under Section 260A of the Income Tax Act, 1961, challenging the decision made by the Income Tax Appellate Tribunal, which had itself been appealed from the order of the Commissioner of Income Tax (Appeals) IV, Hyderabad. The primary legal issue was the monetary limit for filing appeals set by the Central Board of Direct Taxes (CBDT) Circular No.17 of 2019, which amended the previous circulars regarding the monetary thresholds for litigation.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 684678 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 19-08-2023
• 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 SHARMA
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[ 3386 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD SATURDAY, THE NINETEENTH 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 INCOM E TAX TRIBUNAL APPEAL No: 18 0F 2008 lncome Tax Tribunal Appeal Under Section 260A of the lncome Tax Act, 1961 arising out of the order of the lncome Tax Appellate Tribunal, Hyderabad Bench ' B' Hyderabad, in ITA No.61/Hyd/2003 for Assessment year 2000_2OO.l dated:30-'10-2006, preferred against the order of the commissioner of lncome Tax , (Appeals) lV, Hyderabad, Appeat tTA.No.104 to 107/DC-3(iyCtT(A)-tV/2003_ 04,dated:13-08-2003,preferred against the order of the Deputy comrnissioner of lncome Tax-3(1), Hyderabad PAN/GlR No.SH-82 dated:26-03-2003. Between: The Commissioner of lncome Tax lll, Hyderabad ...APPELLANT AND Shrilekha Hire Purchase & Finance (P) Ltd_, 10--3-56 t4t1, East lvlarredpally, Secunderabad. ...RESPONDENT Counsel forthe Appellant: SRI B. NARASTMHA SHARMA, SC FOR lT DEPARTMENT Counsel forthe Respondent: SRI B. SAPNA REDDY The Court delivered the following: JUDGMENT JUDGMENT Trl :D HON'BLE SRI JUSTICE P.SAM I(OSIlf AND TIIE HON,I: I,I, SRI JUSTICII LAXMI NARAYA,{A ALISHETTY I.T.T.A. No.18 of 2OO8 CourL as a mea ilrre for reducir-rg litigation. In paraglap -r 2 of the yt-:r I {L .'..ie ;;rr Justl.e P.SAM KOSHY) the re spot-rrl t:nt '2. This appt: . u.nder Sectiot-i 260A of the lr: c orne Tax Act, 1961, has bec L preferred by the Revenue as tl.re appellant again st th,-' or le:r dt.30.10.2006 passed b,' :-l-it lncome Tax Appcllate TrLb rr: al, Hl,dera'rad Bench 'E', l:11'tlerrbad, 1n Income Tax A1 F'ellate Triburals, High Cotrrts al rd Supreme Hearcl Sri il flarasimha Szrrma, learned cotLrts,el irppearing for the appellar':. ,Lnd Smt. B. Sapna Reddy, eartl:ri c(,unsel for I ITA.No.61/H1,d, 2,)C3 for the assessment year 2OCr()-:10(r1 No.3 of 20 8 d. 1 L.C7 .2078. Lrt, further enha:'icing t re monetary limris for fi ing r p peals bv the lncome Tex De1>artr-rl.e'-Lt before the 3. Clentlal ts,:.rd of Dircct 'lzrxes (CBDT) ILas is,sirec.. Circular l No.17 of 2019 iI .08.08.2019, amending the prr:'zi:rt-rs Circular said Circular. r' : fir-rd lhat th: rnonetary limit fi,re d for liling an appcal befc. r'c t I r: Hrgh Conrt is lis. 1 .00 crore Z 4. In the instant appeal, tax 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 20i9 dt.O8.0B.2Ol9. 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, miscelianeous petitions pending, if any, sha-ll stand closed. //TRUE COPY// Sd/.M.VIJAYA BHASKAR JOINtrREGISTRAR (]D SECION 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-3(1)' Hyderabad' 4. One CC to SRI B. NARASIMHA SHARMA' SC FOR lT DEPARTMENT toPUCl 5. One CC to SRI B. SAPNA REDDY' Advocate [OPUC] 6. Two CD CoPies kam t HIGH COURT PSK,J & L.NA JI DATED:19/08i 2 023 JUDGMENT lTTA.No.18 o1l i1008 --,:=:r1'^ .:'iY.i Srr'lc Or I /:, 1' ) t. $ t, 5tl N8 ., t 4 {:: ,.- -, ------' ) L ) t { r-:' t-/ ) ITTA IS DISM SiSED ?) ,- ---ffi "