The Commissioner of Income Tax-III, V. M/s. Vishal Infrastructure Limited,

ITTA/678/2006

AI Insights

This case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against M/s. Vishal Infrastructure Limited concerning an income tax assessment for the year 2001-02. 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 the monetary threshold for filing appeals set by the Central Board of Direct Taxes (CBDT) in its circulars, which aimed to reduce litigation by setting financial limits on appeals. The court's decision to dismiss the appeal was based on the fact that the monetary limit for filing an appeal had not been met.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 720134 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 09-08-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: V SUBRAHMANYAM
• Assessee Lawyers: J V PRASAD
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[ 3s86 J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA INCOME TAX TRIBUNALAPPEAL No: 678 OF 2006 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act, 1961 arising out of the order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad in ITA No.324lHydl200', for Assessment year 2001-02 dated 29-03-2006 prefened against the Order of the Commissioner of lncome Tax, (Appeals)-lV, Hyderabad, lTA.No.290/ACIT-3(4yCtT(A)-tV.O4-05,dated:07-O1-2OOS, preferred against the Order of the Assistant Commissioner of lncome Tax Circle- 3(4), Hyderabad, PAN/clR No.AABCM3918R / V-070 dared 30{1-2004. Between: The Commissioner of lncome Tax-lll,, Hyderabad ...APPELLANT AND M/s. Vishal lnfrastructure Limited, 1-2251A, Anugriha Apartments, Rukmini Colony, West Marredpally, Secunderabad. ...RESPONDENT Counsel for the Appellant: Mr. J.V. PRASAD, Learned Senior Standing Counsel appearing for SRI B.NARASIMHA SHARMA, SC for tT Depr. Counsel for the Respondent: SRI V.SUBRAHMANYAM The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSITY AND THE TION'BLE SRI WSTICE A. LA)CIII NARAYANA I.T.T.A. No.678 of 20O6 JUDGMEIT:pe: t lol'b[( .sn.tustice p.SAIrI KOs,Hr) Heard Mr J.V. Prasad, Iearned Senlor Standing Counsel appeanng for the appellant- 2 This appeal under Section 260A of the lncome Tax Act, 196 I, has beer: preferrecl by the Revenue as the appeilant agairrst the order dt.29.03.2()O6 passed by the Income Tax Appellate Triburral. l{yderabacl Bt i-rch 'A', Hyderabad, in I.T.A.No.324 /Hyd,/2OO5 for the Assessmenr car 2Ot't 02 3. Central Board of Direct Taxes (CBDT) has issued Circular No.17 of 20I9 dt.O8.O8 2tJl9, amending the previous Circrrla-r I,lo.3 of 20 lE dt.l I.07.20 18, b1' further enhancing the monetary limits for tiling al>peals bv the [ncome Ta-x Department before the Income Tax Appcllate Tribuna]s, High Courts and Supreme Court as a measure for reducrng lrtigatron ln paragraph 2 of the said Circuler, v,'e fmd that the moletary hmit irxed for hling an appeal bcfore thc High Court is Rs.l.OO crore. 4. [n the rnsrant appeal. teu. cffect is well below the monctirrv hmit 5. Therefore, the appr:al filed b5, ths Deparrment is clisrnissccl in terms c[ thc aforesaid (lrrcular Nrr.17 o[ 2019 dt.08.08.20I9. However, if the appeat r:omcs uithin tir.i r)x(:(_.Dtion urrder paragraph lO of Cirr:ular No.3 of 2Oig, ir , t 2 woutd be open to the lncome Tax Department to seek revival of the appcal' No order ac to costs' Consequently, miscellaneou s petitions pending, if any, shall stand 6 d I I I I I I I closed. 6. Two CD CoPies kam d s d/- M' JvJi$IA33,t?[iE ,ITRUE COPY// SECT N OFFICER To, 1. The lncome Tax Appellate Tribunal' Hyderabad Bench 'A\" Hyderabad' 2. The Commissioner of lncome Tax ' (Appeals)-lV' Hyderabad' 3. The Assistant Commissioner of lncome Tax Circle-3(4)' Hyderabad' 4. one CC to SRI B'NARASIMHA SHARMA' SC for lT Dept' [oPUc] 5. One CC to SRI V' SUBRAHMANYAM' Advocate IOPUC] HIGH COURT DATED:0910812023 JUDGMENT ITTA.No.678 ot 2006 ITTA IS DISMISSED @q* r F- S T,1I I F o i) :) o 0'j S'tP ?SA (( v i,. {\"o 29 c o I . t .'/ '7 :.-/ "