Itta/245/2006 Of The Commissioner Of Income Tax-Iii, Hyderabad v. M/S Venkateswara Hatcheries Ltd, Hyderabad

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD WEDNESDAY THE FIRST DAY OF FEBRUARYTWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI INCOME TAX TRIBUNAL APPEAL NO: 245 OF 2006 Appeal under section 2604 of the lncome Tax Act, 1961, against order in ITANo.553/Hyd/1 999 dated 28-10-2005 on the file of the lncome Tax AppellateTribunal, Hyderabad Bench-B, Hyderabad. Between: The Commissioner of lncome Tax-lll, Hyderabad ...APPELLANT ANDIt//s Venkateswara Hatcheries Limited, 3-5-808, Hyderguda,Hyderabad-500029. ...RESPONDENT Counsel for the Appellant: Sri J.V. Prasad Counsel forthe Respondent: Sri Y. RATNAKAR The Court made the following: I ,s THE HON'BLE THE CHIEF JUSTICE UJJAL BHIIYAN AND THE HON'BLE SRI JUSTICE N. TUKARAMJI LT.T.A.No.245 of 2OO6 JUDGMENT: [(t)er ]rhe t lo ble the [t-t1]ieJ Justic.e UiaL Bhugan) Heard Mr. J.V.Prasad, learned Standing Counsel forlncome Tax Department for the appellant. 2. This appeal under Section 260A of the Income TarAct, 1961, is directed against the order dated 28.10.2005passed by the Income Tax Appellate Tribuna,l, HycierabadBench 'B', Hyderabad, in I.T.A.No.553 lHyd/ 1999 for theassessment year 1995- 1996. 3. Mr. J.V.Prasad, leamed Standing Counsel fairlysubmits that the disputed ta-x in the present appeal isbelow the monetary limit prescribed by the Central Boardof Direct Taxes (CBDT). 4. We find that Central Board of Direct Taxe s (CBDT)has issued Circular No.17 [of ][2019, ][dated ][08.08.2019,]the [previous ][Circular No'3 ][ol ][2018' ][dated]amending ( I I I \ 11.O7 .2OlB, by further enhancing the monetary limits. foriiling appeals by the Income Tax Department before theiiling appeals by the Income Tax Department before theIncome Tax Appellate Tribunals, High Courts and SupremeCourt as a measure for reducing litigation. In paragraph 2of the said circular we find that the monetary limit fixed forfiling an appeal before the High Court is Rs.1.OO crore.Court as a measure for reducing litigation. In paragraph 2of the said circular we find that the monetary limit fixed forfiling an appeal before the High Court is Rs.1.OO crore. 5. Therefore, the appeal filed by the Department1Sdismissed in terms of the aforesaid Circular No.17 of 2019,dated 08.08.2019. However, if the appeal comes within theexception under paragraph 10 of Circular No.3 of 20 iB, itlvould be open to the income Tax Department to seekrevival of the appeal Miscellaneous appiications pending, if any, sha-ll stand closed. However, there shall be no order as to costs. "-r'.t*iHS[+'-1"J [/]sEcrloN [dirrcen] //TRUE To,1The lncome [Tax ][Appellate ][Tribunal' ][Hyderabad ][Bench-B' ][Hyderabad' ][(with]records, [if any)] 2.One [to ][Sri ][J.V ][Prasad, ][s ] [For lncome Tax Department ][[oPUC]]3.One [to ][Sri ] [RATNAKAR' Advocate ] 3.One [to ][Sri ] [RATNAKAR' Advocate ] 4.Two [CoPies] DLVH I I. I HIGH COURTUB, J&NTR, JDATED: 01102120231$[e][ s!(JE]vC,E11 [ttB ][?[?1]:.JJUDGMENT., ,)}k..ITTA.No.245 of 2006 DISMISSING THE I.T-T.A\