Itta/303/2006 Of Commissioner Of Income Tax-Ii, Visakhapatnam v. M/S Seven Seas Aqua Farms And Exports Ltd., Visakhapatnam

IN THE HIGH COURT OF ANDHRA PRADESH :: MONDAY ,THE SEVENTEENTH DAY OF APRILTWO THOUSAND AND TWENTY THREE ,tQ?73...: ;~~~fiti[~Y]3[tl];~~~fiti[~Y]3[tl] PRESENT THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAOTHE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO INCOME TAX TRIBUNAL APPEAL NO: 303 OF 2006 Income Tax Tribunal Appeal Under Section 260A of the Income Tax Act 1961 against the Order made in I.T.A.No.196/Vizag/2001 dated 12.04/2005 on the file of the Income Tax Appellate Tribunal, Visakhapatnam for the Assessment year 1997 to 1998. Preferred against the Order made in I.T.A.No.64/SR.1NSP/2000 -2001 for the assessment year 1997 — 1998 dated 08.02.2001 on the file of Junior Commissioner of Income Tax, Special Range — I, Visakhapatnam. Preferred against the Order made in PAN/GIR No.S-81, dated 20.06.2000 on the file of the Income Tax Officer, Special Range — I, Visakhapatnam. Between: Commissioner Of Income Tax-II, Visakhapatnam. AND M/s Seven Seas Aqua Farms And Exports Ltd., Visakhapatnam. ...Appellant ...Respondent Counsel for the Appellant: SMT. M KIRANMAYEE Counsel for the Respondents: The Court made the following: ORDER HON'BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO Income Tax Tribunal Appeal No.303 of 2006 JUDGMENT: (Per UDPR, D When the matter is taken up for hearing today, Smt M. Kiranmayee, learned standing counsel for Income Tax Department appearing for the appellant, by referring to Circular No.17 of 2019, dated 08.08.2019, of the Central Board of Direct Taxes (CBDT), would submit that all the appeals where the tax effect is below Rs.1,00,00,000/- (Rupees Smt M. Kiranmayee, learned standing counsel for Income Tax Department appearing for the appellant, by referring to Circular No.17 of 2019, dated 08.08.2019, of the Central Board of Direct Taxes (CBDT), would submit that all the appeals where the tax effect is below Rs.1,00,00,000/- (Rupees One Crore only) are required to be withdrawn and as in the present appeal also the tax effect being less than Rs.1,00,00,000/-, the appeal may be permitted to be withdrawn. appeal also the tax effect being less than Rs.1,00,00,000/-, the appeal may be permitted to be withdrawn. Learned Standing Counsel further prayed that liberty may be granted in case it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in Circular No.3 of 2018, dated 11.07.2018, issued by the CBDT, then to file an application for restoration of the appeal. Learned Standing Counsel placed on record a copy of the judgment dated 20.02.2020 in I T T A.No.185 of 2016 to submit that in similar case by referring Circular No.17 of 2019, the said appeal was permitted to be withdrawn. Having regard to the above submissions of learned Standing Counsel and on a perusal of the copy of the judgment in ITTA.No.185 of 2016, dated 20.02.2020, permission is accorded to withdraw the appeal. The appeal is, accordingly, dismissed as withdrawn with the liberty as afore-stated. No costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed. SDI- P VENKATA RAMANA JOINT REGISTRAR SECTION OFFICER I/TRUE COPY// To, 1. The Chairman, Income Tax Appellate [Tribunal, ][Visakhapatnam, ][A.P. ]2. The Commissioner of Income Tax [(Appellate) ][Special ][Range ][— ][I, ]Visakhapatnam, A.P. 3. One CC to Smt. M Kiranmayee, SC for Income [Tax ][ ]4. Two CD Copies s ree HIGH COURT DATED: 17/04/2023 5«a JUDGMENT ITTA.No.303 of 2006 DISMISSING THE LT.T.A. AS WITHDDRAWN