THE COMMISSIONMER INCOME TAX-II V. KASILA FARM LIMITED

ITTA/341/2010

AI Insights

This case involves an appeal by the Commissioner of Income Tax-ll, Hyderabad against Kasila Farm Limited, 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 tribunal's decision for the Assessment Year 1997-98. The primary contention from the appellant was based on the monetary limits for filing appeals as set by the CBDT, which aims to reduce litigation. The court dismissed the appeal due to the tax effect being below the prescribed monetary limit.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 684601 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 09-10-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: GVN HARI
• Assessee Lawyers: A RAMAKRISHNA REDDY
• Keywords: Appeal; CBDT Circular; Income Tax; Monetary limit
• Section: 260-A

Judgement Text

"[ 3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IMONDAY, THE NINTH DAY OF OCTOBER 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: 341 of 2010 lncome Tax Tribunal Appeal Under Section 260-A of the lncome Tax Act, 1961 arising out of the order of the lncome-tax Appellate Tribunal, Hyderabad Bench ' B' Hyderabad, in LT.A.No.88/Hydl20o1, dated 17-05-2005, Assessment Year 1997-98 preferred against the Order of the Commissioner of lncome Tax (Appeals-lll), Hyderabad, Appeal No.679/JCSR 2/ClT(A)lll/99-2000 dated:16-1 'l-2000, preferred against the Order of the Joint Commissioner of lncome Tax (Assts) Special Range-2, Hyderabad PAN/GlR No.K-81 dated 27-O1-2000- Between: The Commissioner of lncome Tax-ll, Hyderabad ...Appellant AND Kasila Farm Limited, present FJo.1-8-439, Street No.3, Lane No-'1, lndian Airlines Colony, Begumpet, Hyderabad. ...Respondent Counsel for the Appellant: SRI A. RAMA KRISHNA REDDY, SC FOR lT DEPARTMENT Counsel for the Respondent: SRI G.V.N. HARI The Court delivered the following: JUDGMENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE LIIXMI NARAYANA ALISHETTY I.T.T.A.No.341 of 2O lO JUDGMENT: pcr I [oL l)!e Sn , rusrrr.e P. S.4lf KOS,ayJ Heard Mr.A. Rama KnshnzL Redd-v, learned Standing Counsel for the income Tax Deparr,ment, for the appellant and Mr.G\"V.N- Harl, iearned counscl lor thc respondent. 2. This apoeal under Section 260A of the income Tax Acr. i96 1, has been prcferred bv the Revenue as the appellant against the order dt. 17.05.2005 F,assed by the Income Tax Appellatc Tribunal, Hl,derabaci Eierrcl.r 'B', Hyderabad, in ITA.No.B8/ Hydl2OOl for the Assessnrent Year 1997 -98. 3. Learned Senior Standing Corrn sel for the Income Tax Department, appearing on behalf ol the appellant, contended that the Cer-rtral Boarci of Direct Taxcs (CBDT) has issued Circular No. 17 of 20i9 clt.O8.0 B.2O',9, amending the previous Circular No.3 of 2018 dt.11.07.2018, by further enhancing the monetary limits lor filing appeal by the lncome Tax Department before the Income Tax Appellate Tr'bunals, High Courts and Supreme Court as a m easure for reducing litigation. In *--.; {'i 2 paragraph 2 of the said Circular, the monetary iimit fixed for filing an appeal before the High Court is Rs. l.OO crore. 4. In the instant appeal, the 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. i7 of 2019 dt.08.Oa.2ol9. However, if the appeal comes u,ithin the exception under paragraph 10 of Circular No.3 of 2018, it would be open to the appellant to seek revival of the appeal. No order as to costs. 6. Consequently, miscellaneous petitions pending, if any, sha.ll stand closed. I SD/.K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// @ SECTION OFFICER To, kam 1. The lncome{ax Appellate Tribunal, Hyderabad Bench ' B ' Hyderabad' 2. The Commissioner of lncome Tax (Appeals-lll)' Hyderabad- 3. The Joint Commissioner of lncome Tax (Assts) Special Range-2, Hyderabad 4 One CC to SRI A RAMA KRISHNA REDDY' SC FOR lT DEPARTMENT toPUCl 5. One CC to SRI G.V.N. HARI, Advocate [OPUC] 6. Two CD Copies HIGH COURT DATED:0911012023 JUDGMENT ITTA.No.341 of 2010 THE APPEAL IS DISMISSED DC I ttF- S'rA 7b ot' :k :) ,-) 0 3 l{ol, 2023 it r. 'r' .. i. .. ' '. ._^.., -..L1 3 lx "