Commissioner of Income Tax-III vs. Sri P.V.Ramana Reddy

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ITTA/285/2012HC TelanganaHBHC01072063201206 January 2025Bench: J SREENIVAS RAO,ALOK ARADHE4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the Revenue's request to withdraw the appeal. The Court noted that the learned counsel for the appellant (Revenue) sought leave to withdraw the appeal in light of Circular No. 09/2024 dated 12.09.2024, with the liberty to revive the same in case the subject matter of the appeal falls within any of the exceptions provided in Circular No. 5/2024 dated 15.03.2024. Accordingly, the appeal was dismissed as withdrawn in terms of the liberty prayed for. Miscellaneous applications, if any, were also closed, with no order as to costs. The specific grounds for withdrawal or the exceptions mentioned in the circulars were not elaborated upon by the Court.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-III, Hyderabad (the Revenue) against an order dated 06.01.2012 passed by the Income Tax Appellate Tribunal (ITAT), Bench-B, Hyderabad. This ITAT order was in relation to ITA No. 1856/Hyd/2011, for the Assessment Year 2003-04. The ITAT order itself was preferred against an order dated 22.09.2011 passed by the Commissioner of Income Tax (Appeals)-IV, Hyderabad, which in turn was against an assessment order dated 28.12.2000 passed by the Assistant Commissioner of Income Tax, Central Circle-5, Hyderabad. The respondent in this appeal is Sri P.V. Ramana Reddy.

What were the issues?

1. Whether the appeal filed by the Revenue should be permitted to be withdrawn. This issue turns on the applicability of Circular No. 09/2024 dated 12.09.2024 and Circular No. 5/2024 dated 15.03.2024. The Revenue argued that it sought leave to withdraw the appeal in light of Circular No. 09/2024, with liberty to revive it if the subject matter fell within the exceptions provided in Circular No. 5/2024. The Respondent (assessee) did not record any arguments on this point.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SIXTH DAY OF JANUARY -- rwo riousAND AND TwENw FlvE PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTTCE J SREENIVAS RAO [ 34181 ...ApPellant Appeal filed under Section 260-A of the lncome Tax Act' 1961 against the Order dated 06.01.2012 passed in l'TA'No' 1856/Hyd/2011' for Assessment year 2003-04 on the file of the lncome Tax Appellate Tribunal, Bench.B, Hyderabad preferred against the Order dated 22 Og'2011passed in ITA' No' 18/lTO 6(3yClT(A)- lv/2010-llonthefileoftheCommissioneroflncomeTax(Appeals)-lV, Hyderabad preferred against the Assessment Order dated 28 I22OOO passed in PAN/GIR No-ADFPP2181F on the file of the Assistant Commissioner of lncome Tax, Central Circle -5, HYderabad' INCOME TAX TRIBUNAL APPEAL NO: 285 oF 2012 Between: Commissioner of lncome Tax-lll lT Towers, AC Guards, HYderabad' AND Vivekananda Enclave, Road No'2' Sri P.V.Ramana Reddy, O/o'Plot No'28' Baniara Hills, HYderabad' ...ResPondent Counsel for the APPellant Counsel for the Respondent : Sri B' Krishna Reddy The Court delivered the following: : Ms. B. Sapana Reddy Junior Standing Counsel ' ;;;t;;";,[.s mr' 'r'v' Prasad senior standins blun""r for-lncome Tax Department

l I I THE Ho THE H E N'BLE ON,BLE TAX TRT CHIEF JUSTI ICE J ALOK TVAS No.28s ARAD RAO ef2 HE o12 Senior for the THE CE INCOM AND SRI JUST BUNAL APPEAL I ( JUDGMENT: lper tLrc Hon,ble the ChieJ Justice Atok Ara(lhe) Ms. B.Sapna Reddy, learned Junior Counsel representing Mr. J.V.prasad, learned Standing C,runsel for fn66ps Tax Department appellant. Standing 2' Learne<r counser for the appellant seeks reave of this court to withdraw the appeal in the right of the circular No.O9/2O24, dated I 2.Og.2O24, with the liberty to revive the same in <:ase the subject matter of the appeal falls in any of the exr:eptions provided in thi: Circu lar No.S/2024 dated 15.O3.2(124. .1 AccordingJy, the appeal is dismissed as withdrawn in terms of the liberty as prayed for. I I i

Z Miscellaneous applications pending' if any' shall stand closed. However, there shall be no order as to costs' \ /ffRUE COPY'/ Sd/. K. SRINIVASA RAO JOINT REGISTRAR CTION OFFICER To, DU t The lncome Tax Appellate Tribunal, Bench-B, Hyderabad. 2 The Commissioner of lncome Tax (Appeals) - lV, Hyderabad s.TheAssistantCommissioneroflncomeTax,CentralCircle_5, Hyderabad. aO'neCCtoOneCCtoMr.J.V.PrasadSeniorStandingCounselfor lncome Tax DePartment [OPUC] 5. One CC to Sri B Krishna Reddy, Advocate [OPUC] 6. Two CD Copies h d

HIGH COURT DATED:06/01/2025 JUDGMENT ITTA.No.285 of 2012 APPEAL IS DISMISSED AS WITHDRAWN r STATS (i ^.(' q o Iv 3.r iri', il1,'i: t nf:Sp.r i .,91- - ---'--a'.>" 2+\D1,{ W o i'

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