The Commissioner of Income Tax-III vs. BGS-SGS-Soma Joint Venture

ITTA/32/2012HC TelanganaHBHC01008993201206 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 (Revenue) 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 within the exceptions provided in Circular No. 5/2024 dated 15.03.2024. Accordingly, the appeal was dismissed as withdrawn. The Court also directed that any pending miscellaneous applications would stand closed, with no order as to costs. No specific issue was decided on merits.

What were the facts?

The Commissioner of Income Tax-III, Hyderabad (the appellant/revenue) filed an Income Tax Tribunal Appeal No. 32 of 2012 before the High Court for the State of Telangana at Hyderabad. This appeal was preferred against an order dated 08-09-2009 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B'. The Tribunal's order was in relation to ITA No. 399/Hyd/2008 concerning Assessment Year 2004-2005. The original assessment order was passed by the Income Tax Officer, Ward-6(3), Hyderabad, and the first appeal was decided by the Commissioner of Income Tax (Appeals)-IV, Hyderabad. The dispute involves BGS-SGS-Soma Joint Venture (the respondent/assessee).

What were the issues?

The Tribunal had to decide the appeal filed by the Revenue. The Revenue sought leave to withdraw the appeal in light of Circular No. 09/2024 dated 17.09.2024, with liberty to revive it if the subject matter fell under any exceptions in Circular No. 5/2024 dated 15.03.2024. The Revenue's contention was based on these circulars, seeking withdrawal. The Assessee's contentions are not recorded in the judgment.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

I [ 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 HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J. SREENIVAS RAO INCOME TAX TRIBU NAL APPEAL No:32of2O12 lncome Tax Tribunal Appeal Under Section 260 A of the lncome Tax Act 1961 against the order dated 08-09-2009 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad in l.T.A.No.399/Hyd/2008 for Assessment Year 2O04-2OO5 preferred against the order daled 'l 5-01-2008 on the file of the commissioner of lncome Tax (Appeals)-lV, Hyderabad in Appeal No. 298/|TO.W.6(3yClT(A)-lv/06-07 preferred against the order dated 28-12-2006 passed in PAN / GIR No. AAA 3718 F tB-349 on the file of the lncome Tax Officer, Ward-6(3), Hyderabad. Between: The Commissioner of lncome Tax-lll, l.T.Towers, A'C'Guards, Masab Tank, Hyderabad. ...APPellant AND BGS-SGS-Soma Joint Venture , B-2-623t5t1,14, Avenue 4, Banjara nills, \r.. Hyderabad. ...ResPondent Counsel for the Appellant: Ms. B. Sapna Reddy, Standing Counsel representing Mr. .t.V. Prasad, Standing Counsel for lncome Tax Department Counsel forthe Respondent: Sri R. Raghunandan The Court delivered the following: JUDGMENT

,1 THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J.SREENIVAS RAO INCOME TA)( TRIBUNAL APPEAL No.32 of 2012 JUDGMENT: !'er the IIon'bIe the Chief Justice Alok Aradhe) Ms. B.Sapna Reddy, learned Junior Sternding Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel for Income Tax Department for the appellant. 2. Learned counsel for the appellant seeks leave of this Court to urithdraw the appeal in the light of the Circular No.O9 l2O2a, dated 17.09.2024, with the liberty to revive the same in case the subject matter of the appeal falls in any of the exr:eptions provided in th€ Circular No.5/2O24 dated 15.03.2t124. 3. Accordrngly, the appeal is dismissed as withdrawn in terms of the liberty as prayed for. \

4\. 2 To Miscellaneous applications pending, if any, shall stald closed. However, there shall be no order as to costs' sd/-K sR+HYt?&ElR //TRUE COPY// SEC N OFFICER IOPUC] s. b;""ct to sri R' Raghunandan' Advocate [oPUCl 6. Two CD CoPies 1 . The lncome Tax Appellate Tribunal' Hyderabad Bench '8" Hyderabad' 2. The commissioner of rn"L"1ui tnppeals)-lv,' Hyderabad' ; +il; l;;; rax officer' ward-6(3)' Hvderabad ' 4. one cc to Mr' J V' P'##:ti'lii"g -C"'"tel for lncome Tax Department kamw

HIGH COURT DATED:0610112025 JUDGMENT ITTA.No.32 ot 2012 THE APPEAL IS DISMISSED AS WITHDRAWN ,-_:t*_- rE STet :r\^:\ .< JJ 1! Ffi :fi ( za -b. * {),-- S - j.'ir'.\i -',1 \ gcoPkA ft"

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