Itta/173/2022 Of The Pr. Commissioner Of Income Tax-2 v. Sri Venkatesh Granites Pvt. Ltd

IN THE HIGH COURT FOR STATE AT HYDERABADWEDNESDAY THE SIXTH TWO THOUSANO AND TWENW PRESENT THE HONOURABLE SRI JUSTICE [P.SAM KOSHY]ANDTHE HONOURABLE SRI JUSTICE [N.TUKARAMJI] INCOME TAX TRIBUNAL APPEAL [i ][173 ][0F ][2022] lncome Tax Tribunal Appeal [Under ][Section ][260-A ][of the ][lncome Tax Act,1961]against the order of the lncome [Tax ][Appellate ][Tribunal, ][Hyderabad ][Bench ]['A',]Hyderabad in lTA.Nos.1 [250 ]lHydt2119, [for assessment Year 2014'15 dated ][25{8-]2O21, preferrd against the [Order ][of ][the ][lncome Tax ][Circle-l(2), ][Hyderabad, ] No.0303/2017-18/DCIT-Central Circte-i121, [Hyd/clT(A)-1 ][1 ][Hvdl17'18, ][dated]19.03.2018 preferred against the [Order ][of ][the ][Commissioner ][of ][lncome ][Tax'](Appeals)-1 1, PAN/GIR No. , dated: 29.02.2016 Between: The Pr. Commissioner of lncome Tax-2, [6th ][Floor, ][Signature Towers, ][Kondapur,]Opp Botanical Gardens, Hyderabad. ...APPELLANT AND Sri Venkatesh Granites [Pvt. ]Ltd., [H.No.4-2-74, ][Tower ][Market, ][Main ][Road,]Karimnagar, AANCSO546D ...RESPONDENT Counsel for the Appellant: Ms. Sunitha leamed counsel representingMr. A Radha Krishna(Senior SC For lT [DEPT.,/Appellant)] Counsel for the Respondent : Mr. P. Soma Shekar [Reddy] The Court made the following: THE HON'BLE SRI JUSTICE P.SAM KOSITY AND THE HON'BLE SRI JUSTICE N.TUKARAIVIJI I.T.T.A.No.173 of 2o22 JUDGMENT | (per Hon'ble Srt,tustir:e p.sArr r<os{y) Heard Ms. Sunitha, learned counsel representingMr. A.Radha Krishna, learned Senior Standing Counsel forIncome Tax Department/appellant and Mr. p.Soma ShekarReddy, learned counsel for the respondent.2. This appeal under Section 260A of the Income Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 25.08.202 1 passed by the Income TaxAppellate Tribunal, Hyderabad Bench [,A,, ]Hyderabad, inITA.Nos.125O /Hyd/18 for the assessment year 2Ol4-2OlS.3. Central Board of Direct Taxes (CBDT) has issued CircularNo. 17 of 2019 dt.O8.O8.2Ol9, amending the previous CircularNo.3 of 2018 dt. Ll.O7.2ola, by further enhancing the monetar5rlimits for filing appeals by the Income Tax Department before theIncome Tax Appellate Tribunals, High Courts and SupremeCourt as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit fixed for Iiling anappeal before the High Court is Rs. 1.00 crore.appeal before the High Court is Rs. 1.00 crore. 4limit. In the instant appeal, tax effect is well below the monetary 5' Therefore, the appear appear fired by the Department by the Department Department is dismisseddismissedin terms of the aforesaid Circular No. l7 of 20l9 dt.Og.Og.2O19.Horvever, if the appea-l comes within the exception underparagraph 10 of Circular No.3 of 2Olg, it would be open to theIncome Tax Department to seek revival of the appeal. No orderas to costs. Consequently, miscellaneous petitions pending, ifany, shall stand closed. Therefore, the appear appear fired by the Department by the Department Department is dismisseddismissed SD/- M. VIJAYA BHASKARJOINT REGISTRAR //TRUE COPY//SECTION OFFICER To, 1. The lncome Tax Appellate Tribunal, Hyderabad Bench [, ]A [,, ]Hyderabad 2. The lncome Tax Circle-'l(2), Hyderabad, ITA 3. The Commissioner of lncome Tax, (Appeals)-11 4. One CC to Mr. A. Radha Krishna(Senior SC For tT DEPT ), 5. One CC to Sri P. Soma Shekar Reddy, Advocate [OpUCl 6. Two CD Copies DUJAK "\}/ HIGH COURT DATED:06/03/2024 ORDERlTTANo.l73 of 2022 DISMISSING THE APPEAL *'vq?>' o{H.E ,4.6o('o10 APfr 2024I*orSnAT L],,rF0 *