THE COMMISSIONER OF INCOME TAX-III, HYDERABAD. V. M/S VENKATESWARA HATCHERIES LTD., HYDERABAD.

ITTA/252/2006

AI Insights

The case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against M/s. Venkateswara Hatcheries Ltd. concerning an income tax assessment for the year 1997-98. The appeal was directed against the order of the Income Tax Appellate Tribunal, Hyderabad, which had previously decided on the matter. The primary legal issue was whether the appeal should be admitted based on the monetary threshold for litigation as specified in the recent circulars aimed at reducing frivolous litigation in tax matters. The court's decision to dismiss the appeal was influenced by the monetary limits set to prioritize significant cases and reduce the burden on the judiciary.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 731979 (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: Y RATNAKAR
• Assessee Lawyers: B NARASIMHA SHARMA
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[ 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: 252 OF 2006 lncome Tax Tribunal Appeal Under Section 260A of the lncome Tax Act, 1961 arising out of the order of the Income Tax Appellate Tribunal, Hyderabad Bench ' B' Hyderabad, in ITA No.339/Hyd/2002 for Assessment year 1997-9g dated:26-10-2005, preferred against the Order of the Commissioner of lncome Tax , (Appeals) lV, Hyderabad, Appeat No.311/JC,SR-S/CtT(AltVtOl-02, dated:31-01_ 2O02, prefeted against the Order of the Joint Commissioner of lncome Tax (Assessments), Special Range-S, Hyderabad pAN/GtR No.V-14 dated:10-03-2000. Between: The Commissioner of lncome Tax-lll, Hyderabad ...APPELLANT AND M/s. Venkateswara Hatcheries Ltd., 3-5-808, Hyderguda, Hyderabad - 500 029 ...RESPONDENT Counsel for the Appellant: SRI B. NARASIMHA SHARMA, SC FOR lT DEPARTMENT Counsel forthe Respondent: SRI Y. RATNAKAR The Court delivered the following: JUDGMENT TI E HON'BLE SRI JUSTICE P.SAM ,KOSHY AND THE HON' L' SRI JUSTICE LAXMI NARAYANA ,1.[ II: HETTY I.T.T.A. No.252 of 20O6 JUDGMENT. or,,i / l ! I-l earc: S,r-r appc I lan 1 an .l resp()ndcnt 2. 'lhrs iLppc 196 l. h:rs br:cr again sjt t hr: or-c Appc:l1ate l'ribr ITA.No.3139lH1 cl 3. Cen tral l:lo No.l7 of 2019) ( No.3 of 2018 ctt. limits for liiing a1 lncomc Tix Ap1 Court as a na easl said Circr.tlar, v,,e appcirl belirre tlLc' r'/ rl id ,/L.s/,i l P.SAM KOSHY) [:;. Narasimhit Sarma, leai-n,:d !:cii tsIl !Or tlte S'ri Y. Ratnali-r 2 of tl're fi rc that the monetarlr limrt lxerl Ir;r frling ar-r 1 glr Cor-rrt is Rs. 1 OO crore, I t il 2 4 In the instart appeal, tax elfect is well below the monetary 5. Therefore, the appeai filed by the Department is dismissed in terms of the aforesaid Circular No. 17 of 2019 clt.Og.O B.2olg. However, if the appeal comes within the exception under paragraph 1O of Circular No.3 of 20 1g, it rvouid be open to the Income Tax Department to seek revival ol the appeal. No order limit as to costs 6. Consequently, misceiianeous sha.ll stand closed. petition s pcnding, if any, Sd/- M. VIJAYA BHAS JOINT REGI sEcTto FFICER R R //TRUE COPY// I I To, 1 2 3 4 5 6 kam NJB The lncome Tax Appellate Tribunal, Hyderabad Bench , B,Hyderabad. The Commissioner of lncome Tax , (Appeals) lV, Hyderabad. The Joint Commissioner of lncome Tax (Assessments), Special Range-5, Hyderabad. One CC to SRI B. NARASTMHA SHARMA, SC FOR tT DEPARTMENT loPUcl One CC to SRI Y. RATNAKAR, Advocate [OPUC] Two CD Copies HIGH COrJt l'l- DATED:161 tB12023 JUDGMENT ITTA.No.252 of 2O0G ITTA IS DISN ISSED .(llr *$ ) l /3 ti d ' ',.-. -a I-- i o /') .l "