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

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ITTA/299/2012HC TelanganaHBHC01005206201206 January 2025Bench: J SREENIVAS RAO,ALOK ARADHE4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the Revenue's request to withdraw the appeal. The Court noted that the learned counsel for the appellant sought leave to withdraw the appeal in light of Circular No. 09/2024 dated 17.09.2024, with the liberty to revive it if the subject matter of the appeal falls under any exceptions 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 Accordingly, the appeal was dismissed as withdrawn in terms of the liberty prayed for.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 ordered to stand closed. No order as to costs was made.

What were the facts?

This case involves an appeal 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. The ITAT's order was in relation to Income Tax Appeal No. 18551/Hyd/2011 for the Assessment Year 2002-03. This appeal before the High Court was preferred against the order dated 22.09.2011 passed by the Commissioner of Income Tax (Appeals) - IV, Hyderabad, which in turn was against the Assessment Order dated 28.12.2006 passed by the Assistant Commissioner of Income Tax, Central Circle -5, Hyderabad. The respondent in the appeal is Sri P.V. Ramana Reddy.

What were the issues?

The primary issue before the High Court was whether to allow the Revenue's appeal. The Revenue, through its counsel, sought leave to withdraw the appeal. This request was made in light of Circular No. 09/2024 dated 17.09.2024. The Revenue also sought liberty to revive the appeal if the subject matter fell within the exceptions provided in Circular No. 5/2024 dated 15.03.2024. The respondent did not appear to have raised any specific arguments as the appeal was sought to be withdrawn by the appellant.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

[ 3418 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE J SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL NO: 299 OF 2012 Appeal filed under Section 260-A oi the lncome Tax Act, 1961 against the Order dated 06.01.2012 passed in l.T.A.No. 18551Hyd12011, for Assessment year 2002-03 on the file of the lncome Tax Appellate Tribunal, Bench-B, Hyderabad preferred against the Order dated 22.09.2011 passed in lTA. No. 17llTO 6(3yCtT(A)- lVl201O-11 on the file of the Commissioner of lncome Tax (Appeals) - lV, Hyderabad preferred against the Assessment Order dated 28J12.2006 passed in PAN/GIR No.ADFPP21B1F on the file of the Assistant Commissioner of lncome Tax, Central Circle -5, Hyderabad. Between: Commissioner of lncome Tax-lll, lT Towers, A.C.Guards, Hyderabad ..Appellant AND Sri P.V.Ramana Reddy, Plot No.28, Vivekananda Enclave, Road No.2, Banjara Hills, Hyderabad. ...Respondent Counsel for the Appellant : Ms. B. Sapana Reddy Junior Standing Counsel representing Mr. J.V. Prasad Senior Standing Counsel for lncome Tax Department Counsel for the Respondent : Sri B. Krishna Reddy The Court delivered the following:

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI WSTICE J.SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL No.299 of 2Ol2 JUDGMENT: ter tlLe Hon'ble the Chrcf Justice Alok Aradhe) Ms. B Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, learrLed Senior Standing Co unsel for Income Tax Department for the appellant 2, Learned counsel for the appellant seeks loave of this Court to witlrclraw the appeal in the light of tl-re Circular No.O9/2O2a, dated 17.09.2024, wrth the liberly to revive the same in rlase the subject matter of the appreal falls in any of the exceptions provided in the Circular No.5l2O24 dated 15.03.2',024. 3. Accordir-rgly, the appeal is dismissed as withdrawn in terms of the liberty as prayed for t III

I I 2 \'.r:. \ Miscellaneous applications pending, if arly, shall stald closed. However, there shall be no order as to costs. Sd/. K. SRINIVASA RAO o T REGISTRAR //TRUE COPY// ECTI OFFICER To, 5 fJ. DUgh 1 Il" lncome Tax Appellate Tribunal, Bench-B, Hyderabad. 2. The Commissioner of lncome Tax (Appeals) - lV, Hyderabad. 3. The Assistant Commissioner 6f lncome Tax, Central Circle _5, l-,lyderabad. 4. One CC to One CC to Mr. J.V. prasad Senior Standing Counsel for lncome Tax Department [OpUC] One CC to SRl. B KRTSHNA REDDy Advocate [OpUC] Two CD Copies o

I HIGH COURT DATED:06/01/2025 JUDGMENT lTTA.No.299 ol 2012 APPEAL IS DISMISSED AS WITHDRAWN iFrr'"' r ( c O €5pq1g,rr( :-_.=- . \)t /,, \..\('' 2 t ( t c. .i1l {+ I o -K V l I

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