Itta/742/2006 Of The Commisioner Of Income Tax-Ii v. M/S The Sirpur Paper Mills Ltd

IN THE HIGH COURT FOR THE STATE TELANGANAAT HYOERABAD WEDNESDAY, THE NINTH DAY AUGUSTTWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE A. LAXMI NARAYANA INCOME TAX TRIBUNAL APPEAL No: [742 ]of 2006 lncome Tax Tribunal Appeal Under Section [260-4 of the ][lncome ][Tax ][Act' ][1961]against the order of the lncome Tax Appellate [Tribunal, ][Hyderabad ][Bench'B',]Hyderabad in ITA No.928/Hyd12005, for assessment [Yeat ][2oO1-2O22 ][dated ][26-04-]2006 preferred against the Order of the Commissioner [of ][lncome Tax (Appeals)-lV,]Hyderabad, Appeal No.32SIACIT-3(3yClT(A)-lV/04-05 [dated:04-05-2005, ][preferred]against the Order of the Assistant Commissioner [of ][lncome ][Tax, ][Hyderabad,]PAN/ctR No. AAACT 7970R, dated 21-10-2004. Between: The Commisioner of lncome Tax-ll, [Hyderabad] ...Appellant AND M/s The Sirpur Paper Mills Ltd., 5-9-221111 , Adarsh [Nagar, Hyderabad.] ...Respondent Counsel for the Appellant: SRI A RAOHA KRISHNA [Learned Senior Counsel]appearing for SRI K. MAMATHA CHOWDARY, SC lT DEPARTMENT Counsel for the Respondents: VIJAY The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSITYAND THE HONBLE SRI JUSTICE A. IIU(IIII NARAYANA I.T.T.A. No.742 of 2006 JUDGMENT:Per llot1'ble Si Justice P.SAM KOSHY) Heard Sri A. Radha Krishna, Iearned Senior Standing Counselappearing lor the appellalt 2. This appeal under Section 260A of the Income Tax Act, 1961, hasbeen preferred by the Revenue as the appellartt against the orderdt.26.O4.20O6 passed by the Income Ta-x Appellate Tribunal, HyderabadBench 'B', Hyderabad, in LT.A.No.928 for the Assessment yearlHyd/2OOS 200t-o2. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.l7 of2019 dt.08.08.20 19, amending the previous Circular No.3 of 2018dt. 11.07.2018, by further enhancing the monetar-y limits for flrling appealsby the Income Tax Dcpartment beforc the Income Tax Appellate Tribuna_ls,High Courts and Supreme Court as a measure for reducilg litigation. Inparagraph 2 of the said Circular, we hnd that the monetar5r lirnit frxed forfiling an appeal before the High Court is Rs. 1.00 crore. 4In the instar-rt appeal, ta-x cffect is well below the monetary limit 5. Therefore, the :rppeal hled by the DepaJtment is dismissed in terms ofthe aforesaid Circular No.l7 of 2019 dt.O8.O8.2O19. However, if the appea,lcomes wirhin the exception under paragraph lO of Circular No.3 of 201g, it would be open to the Incorne Ta>: Departrnent to seek revival of the appealNo order as to costs 6Consequently, miscellaneous petitions pending, if aly, shal1 sta-ndclosedclosed SD/. M. VIJAYA BHASKER//TRUE COPY//JOINLREGISTRARqDSECTION OFFICER To, 1. The lncome [Tax ]Appellate [Tribunal, Hyderabad ][Bench ' ] [', ][Hyderabad'] 2. The Commissioner of [lncome Tax ][(Appeals)-lV, ][Hyderabad.] 3. The Assistant [Commissioner ][of ][lncome ][Tax, ][Hyderabad.] 4. One CC to SRI [K. MAMATHA ][CHOWDARY, SC FOR lT ] toPUCltoPUCl 5. One CC to SRI [ASHRIT, ][Advocate ] 6. Two CD Copies kam Prr q^ HIGH COURT DATED:0910812023 JUDGMENTlTTA.No.742 of 2006 ITTA IS DISMISSED @e^.,ta\q.\r-g ['] y,6 [lAT]c?1stP[1m]+\. \-:9.,,,tct\- * ^..