Itta/237/2006 Of The Commissioner Of Income Tax-Iii, Hyderabad v. M/S. Samkrg Pistons And Rings Limited
High Court
01 Feb 2023 In favour of: Assessee
Forum / Bench
High Court · taphc
Parties
Itta/237/2006 Of The Commissioner Of Income Tax-Iii, Hyderabad v. M/S. Samkrg Pistons And Rings Limited
Date of order
01 Feb 2023
Assessment year(s)
1998-1999
Outcome
Dismissed
Case summary
In Itta/237/2006 Of The Commissioner Of Income Tax-Iii, Hyderabad v. M/S. Samkrg Pistons And Rings Limited, the High Court (2023) dismissed the appeal. The decision went in favour of the assessee.
Decision: Therefore, the appeal filed by the revenue is dismissed in terms of the aforesaid Circular No.17 of 2019, dated 08.08.2019.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
THE HON’BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON’BLE SRI JUSTICE N.TUKARAMJI
I.T.T.A.No.237 of 2006
JUDGMENT:(Per the Hon’ble the Chief Justice Ujjal Bhuyan)
Heard Mr. J.V.Prasad, learned Standing Counsel, Income Tax Department appearing for the appellant.
2. This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the revenue as the appellant against the order dated 26.09.2005 passed by the Income Tax Appellate Tribunal, Hyderabad Bench ‘B’, Hyderabad, in I.T.A. No.726/Hyd/2002 for the assessment year 1998-1999.
3. Mr. J.V.Prasad, learned Standing Counsel fairly submits that tax effect in this appeal is below the monetary limit for filing appeal.
4. Central Board of Direct Taxes (CBDT) has issued Circular No.17 of 2019, dated 08.08.2019, amending the previous Circular No.3 of 2018, dated 11.07.2018, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the
Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said circular we find that the monetary limit fixed for filing an appeal before the High Court is Rs.1.00 crore.
5. Therefore, the appeal filed by the revenue is dismissed in terms of the aforesaid Circular No.17 of 2019, dated 08.08.2019. However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 2018, it would be open to the Income Tax Department to seek revival of the appeal.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
___________________
UJJAL BHUYAN, CJ
________________
N.TUKARAMJI, J
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