The Commissioner of Income Tax-VI V. Sri. K. Srinivasa Reddy Proprietor

ITTA/115/2022

AI Insights

This case involves an appeal by the Commissioner of Income Tax-VI, Hyderabad against the order of the Income Tax Appellate Tribunal, Hyderabad, which had previously decided on a matter concerning the Assessment Year 2008-09. The appeal was dismissed by the High Court of Telangana due to the tax effect being below the prescribed monetary limit for filing appeals, as per the recent circulars issued by the Central Board of Direct Taxes (CBDT). The court did not find any grounds under the exceptions that would warrant a revival of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 735076 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 04-10-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: NO NE APPEARED
• Assessee Lawyers: B SAPNA REDDY
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260-A

Judgement Text

"13386l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA f NCOME TAX TRIBUNAL APPEAL No: 115 ot 2022 lncome Tax Tribunal Appeal Under Section 260-A of the Income Tax Act, 1961 arising out of the order of the lncome-Tax Appellate Tribunal, Hyderabad Bench 'A' Hyderabad, in l.T.A.No. t298lHydl2012, Assessment Year 2008-09, dated 03-12- 2012, preferred against the Order of the Commissioner of lncome Tax (Appeals)-Vl, 64, l.T. Towers, A.C. Guards, Hyderabad, Appeal No.0618/10-1 1/ClT(A)-lV, dated:o1-06-2012, preferred against the Order of the lncome Tax Officer, Ward 9(1), Hyderabad PAN/GIR No. ARKPK 1582 Q, dated 31-12-2010. Between: The Commissioner of lncome Tax-Vl, Hyderabad ...Appellant AND Sri. K. Srinivasa Reddy Proprietor, M/s Sri Sai Wines Nalgonda $E \"'ResPondent Gounset for the Appellant: St B. SAPNA REDDY, SC representing SRI J.V' PRASAD, SC FOR IT DEPARTMENT Counsel forthe Respondent: None Appeared The Court delivered the following: JUDGMENT I ,I'HE HON'BLE SRI JUSTICE P.SAIII KOSTT' AND THE HON'BLE SRI JUSTICE A. LAXMI NARI YAN, I.T.T.A. No. 115 of 2022 JUDGMENT: (per .Ion'ble Srr Justice: P.SAM KOSHY) Heard Ms B.Sapna Reddy, learned Standing Counsr:l appearing for the appellant. 2. This apper under Section 26OA of the Income Tzrx Ac,, 1961, has been preferred b5' the Revenue as the appeil:rnt against the order dt.O3.12.2O12 pz.ssed by the lncome Tax Appellate Tribu nal. Hyderabad Bench 'B', Hyderrtbad, in I.T.A.No.1298lHyd/2O12 for the Asse ssment Year 2008-09. 3. Central Board of Direct Ta;res (CBIIT) has issued lii-cu.ar No. 17 of 2019 dt.O8.O8.2l)19, amending the previous Circulal No.3 of 2018 dt. I1.07.2018, b) fufther enhancing the monetary imits for fi)ing appeals by the Income Ta( Department before the lncome Tu Appellatr: Tribunals, High Cohrts and Supreme Court as a measure for redur:ir: g I tigation. In paragraph 2 of t}re said Circular, we find that the rronetiLn lirrit fixed for hling an appeal before the High Court is Rs. 1.OO crorr. 4- In the instart appcal, tax effect is well below the monetary limit. 5. Therefore, f re appeal filed by the Depanment i; dismissed in terms of the aloresaid Crrcrrlzr: No.17 of 2019 dt.O8.O8.2rJ19. However, if the appeal comes within the r xt:epdon under paragraph I0 of Circular fio.3 ol 2O 18, it I I t 7 would be open to the Income Tax Department to seek revival of the appeal' No order as to costs' 6 Consequently, miscellaneous petitions pending' if any' shall stand closed. SDI B.S. CHIRANJEEVI JOINT REGISTRAR //TRUE COPY// 1. The lncome-Tax Appellate Tribunal, Hyderabad Bench 'A' Hyderabad. 2. The Commissioner of lncome Tax (Appeals)-Vl, 64, l.T. Towers, A.C. Guards, Hyderabad. 3. The lncome Tax Officer, Ward 9(1), Hyderabad. 4. One CC to SRI J.V. PRASAD, SC FOR lT DEPARTMENT [OPUC] 5. Two CD Copies kam/SP sEcfloN I-t\"=- ( To, , t HIGH COUI?T DATED:04l1O12OZ3 JUDGMENT lTTA.No.115 of 2022 THE APPEAI. IS DISMISSED Qup ( 'l^gz'tt t 3$ oti a * NA ): (n w 5 v 1, 6i .Dl rl o "