Shri v. Narayana

IN THE HIGH COURT FOR THE STATE AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF AUGUSTTWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY INCOME TAX TRIBUNAL APPEAL No: 348 of 2008 lncome Tax Tribunal Appeal Under Section 260-A of the lncome Tax Act, [1961]against the order of the lncome Tax Appellate Tribunal, Hyderabad Bench ['A',]Hyderabad in lTA.No.636/Hyd12004, for assessment Year 1996-97 dated.07-09-2007 preferred against the Order of the Commissioner of lncome Tax [(Appeals)-lV,]Hyderabad, Appeal No.97 & 98/Addl.ClT, R-6/C|T(A)-|V/2003-04 dated:31 [-O3-2O04,]preferred against the Order of the Additional Commissioner of lncome Tax, Range 6,Hyderabad, F.No.Addl.ClT/R-6/Penalties/AC-6(1 [y02-03, ]dated 07-04-2003. Between: The Commissioner of lncome Tax-lll, Hyderabad. ...Appellant AND Shri V. Narayana, C/o. M/s. Sri Rama Engineering Construction, 203, Nilgiri,Aditya EnclaVe, Ameerpet, Hyderabad. ...Respondent Counsel for the Appellant: SRI B. NARASIMHA SARMA, SC FOR lTDEPARTMENT Counsel for the Respondent: SRI CHALLA GUNARANJAN The Court delivered the following: JUDGMENT I THE HON'BLE SRI JUSTICE P.SAM KOS}IY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHEI]TY I.T.T.A. No.348 of 2OO8 JUDGMENT: per I lon'ble Si Justice p.SAM KOS,Hif) Heard Sri B. Narasimha Sarma, learned coun se for theappellant and Sri Challa Gunaranjan, lcarned counsel for therespondent. 2 . This appeal under Sectio n 260A of the Income [,Iax ]Act,196 1, has been preferred by the Revenue as the appellantagainst the order dt.O7.Og.2OO7 passed by the Income TaxAppellate Tribunal, Hyderabad Bench [,A', ]Hyderabad, inITA.No.636/Hydl2OOa for the assessment year 1996-)99,7.ITA.No.636/Hydl2OOa for the assessment year 1996-)99,7. 3. Central Board of Direct Taxes (CBDT) has issued CircularNo.17 of 2019 dt.08.08.2019, amending the previous ,lircularNo.3 of 2018 dt. lI.O7.2OL8, by further enhancing the rronetar5zlimits for filing appeals by the Income Tax Department before theIncome Tax Appellate Tribunals, High Courts and SupremeCourt as a measure for reducing litigation. In paragraph 2 of thesaid Circular, we hnd that the monetary limit fixed for filing anappeal before the High Court is Rs. I .00 crore. II 4. In the instant appeal, ta-x effect is well below the monetarylimit. 5. Therefore, the appeal filed by the Department is dismissedin terms of the aforesaid Circular No.17 of 2019 dt.OB.0a.2019.However, if the appeal comes within the exception underparagraph 10 of Circular No.3 of 2018, it would be open to theIncome Tax Department to seek revival of the appeal. No orderas to costs. 6. Consequently, miscellaneous petitions pending, if any,shall stand closed. // SD/. M. VIJAYA BHAS(ERJOINT REGIYTRARv/SECTION OFFICER //TRUE COPYi/ To, 1. The lncome Tax Appellate Tribunal, Hyderabad Bench ' A ', Hyderabad 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad. 3. The Additional Commissioner of lncome Tax, Range 6, Hyderabad. 4. One CC to Sri B. Narasimha Sarma, SC for lT Department 5. One CC to Sri Challa Gunaranjan, Advocate 6. Two CD Copies kamtJ HlGH COURT DATED:1610812023 JUDGMENTITTA.No.348 of 2008 ITTA IS DISMISSED ..,*t/,':;!. [.,]s Fif.LLI i:ill-'.-tt1ii!cb\ ..,1.,/\).r\., .-'-?.; [ri..rt\" ]. * [,1i']l''\i--.-.:;- 4lI