Itta/388/2006 Of The Commissioner Of Income Tax v. Sri Kantipudi Saradi
High Court
17 Apr 2023 In favour of: Assessee
Forum / Bench
High Court · aphc
Parties
Itta/388/2006 Of The Commissioner Of Income Tax v. Sri Kantipudi Saradi
Date of order
17 Apr 2023
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Itta/388/2006 Of The Commissioner Of Income Tax v. Sri Kantipudi Saradi, the High Court (2023) dismissed the appeal. The decision went in favour of the assessee.
Decision: The appeal is, accordingly, dismissed as withdrawn with the liberty as afore-stated.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO
Income Tax Tribunal Appeal No.388 of 2006
JUDGMENT: (Per UDPR, J)
When the matter is taken for up 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submit that all the appeals where the tax effect is below Rs.1,00,00,000/- (Rupees One Crore only) are required to be withdrawn and as in the present appeal also the tax effect being less than Rs.1,00,00,000/-, the appeal may be permitted to be withdrawn.
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 ITTA.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of 2016 to submit that in similar case by referring Circular No.17 of 2019, the said appeal was permitted to be withdrawn.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The appeal is, accordingly, dismissed as withdrawn with the liberty as afore-stated.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.
__________________________
U. DURGA PRASAD RAO, J
17.04.2023 Vjl/NKA
__________________________
T. MALLIKARJUNA RAO, J
Vjl/NKA
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO
ITTA.No.388 of 2006
17.04.2023
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