The Commisioner of Income Tax-II V. M/S The Sirpur Paper Mills Ltd,

ITTA/742/2006

AI Insights

The case involves an appeal by the Commissioner of Income Tax-ll, Hyderabad against the order of the Income Tax Appellate Tribunal, Hyderabad, which was in favor of M/s The Sirpur Paper Mills Ltd. The appeal was related to the assessment year 2001-2002. The primary legal issue was whether the appeal should be heard given the monetary limits set by the CBDT for filing appeals in tax matters. The court referenced CBDT Circular No. 17 of 2019, which amended previous circulars to reduce litigation by setting monetary thresholds for appeals. The court found that the tax effect was below the prescribed limit of Rs. 1.00 crore, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 720144 (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: VIJAY ASHRIT
• Assessee Lawyers: A RADHA KRISHNA
• Keywords: Appeal; CBDT Circular; Income Tax; Monetary limit
• Section: 260A

Judgement Text

". [ 3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE A. LAXMI NARAYANA INCOME TAX TRIBUNAL APPEAL No: 742 of 2006 lncome Tax Tribunal Appeal Under Section 260-4 of the lncome Tax Act' 1961 against the order of the lncome Tax Appellate Tribunal, Hyderabad Bench'B', Hyderabad in ITA No.928/Hyd12005, for assessment Yeat 2oO1-2O22 dated 26-04- 2006 preferred against the Order of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad, Appeal No.32SIACIT-3(3yClT(A)-lV/04-05 dated:04-05-2005, preferred against the Order of the Assistant Commissioner of lncome Tax, Hyderabad, PAN/ctR No. AAACT 7970R, dated 21-10-2004. Between: The Commisioner of lncome Tax-ll, Hyderabad ...Appellant AND M/s The Sirpur Paper Mills Ltd., 5-9-221111 , Adarsh Nagar, Hyderabad. ...Respondent Counsel for the Appellant: SRI A RAOHA KRISHNA Learned Senior Counsel appearing for SRI K. MAMATHA CHOWDARY, SC FOR lT DEPARTMENT Counsel for the Respondents: SRI VIJAY ASHRIT The Court delivered the following: JUDGMENT 7 I THE HON'BLE SRI JUSTICE P.SAM KOSITY AND THE HONBLE SRI JUSTICE A. IIU(IIII NARAYANA I.T.T.A. No.742 of 2006 JUDGMENT:Per llot1'ble Si Justice P.SAM KOSHY) Heard Sri A. Radha Krishna, Iearned Senior Standing Counsel appearing lor the appellalt 2. This appeal under Section 260A of the Income Tax Act, 1961, has been preferred by the Revenue as the appellartt against the order dt.26.O4.20O6 passed by the Income Ta-x Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in LT.A.No.928 lHyd/2OOS for the Assessment year 200t-o2. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.l7 of 2019 dt.08.08.20 19, amending the previous Circular No.3 of 2018 dt. 11.07.2018, by further enhancing the monetar-y limits for flrling appeals by the Income Tax Dcpartment beforc the Income Tax Appellate Tribuna_ls, High Courts and Supreme Court as a measure for reducilg litigation. In paragraph 2 of the said Circular, we hnd that the monetar5r lirnit frxed for filing an appeal before the High Court is Rs. 1.00 crore. 4 In the instar-rt appeal, ta-x cffect is well below the monetary limit 5. Therefore, the :rppeal hled by the DepaJtment is dismissed in terms of the aforesaid Circular No.l7 of 2019 dt.O8.O8.2O19. However, if the appea,l comes wirhin the exception under paragraph lO of Circular No.3 of 201g, it i..ri'i;j 1 would be open to the Incorne Ta>: Departrnent to seek revival of the appeal No order as to costs 6 Consequently, miscellaneous petitions pending, if aly, shal1 sta-nd closed To, kam //TRUE COPY// SD/. M. VIJAYA BHASKER JOINLREGISTRAR qD SECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad Bench ' B ', Hyderabad' 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad. 3. The Assistant Commissioner of lncome Tax, Hyderabad. 4. One CC to SRI K. MAMATHA CHOWDARY, SC FOR lT DEPARTMENT toPUCl 5. One CC to SRI VIJAY ASHRIT, Advocate [OPUC] 6. Two CD Copies Prr q^ HIGH COURT DATED:0910812023 JUDGMENT lTTA.No.742 of 2006 ITTA IS DISMISSED @e^., y,6 S lAT ?1stP 1m + . .,,,t -:9 - * ^.. t c ta q. r-g ' c "