COMMISSIONER OF INCOME TAX-V vs. M/S JAGADAMBA PEARLS DEALERS

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ITTA/559/2013HC TelanganaHBHC01026535201306 January 2025Bench: J SREENIVAS RAO,ALOK ARADHE4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court permitted the appeal to be withdrawn by the appellant (Revenue) in terms of the liberty as prayed for. 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 falls within the exceptions of Circular No. 5/2024 dated 15.03.2024. Accordingly, the appeal was dismissed as withdrawn. The operative direction was to dismiss the appeal as withdrawn. No specific issue was left undecided, as the appeal was disposed of on a procedural ground.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-V, Hyderabad (appellant) against M/s Jagadamba Pearls Dealers (respondent) for Assessment Year 2009-10. The appeal was preferred under Section 260-A of the Income Tax Act, 1961, challenging an order dated 17.06.2013 passed by the Income Tax Appellate Tribunal (ITAT), Bench-B, Hyderabad. The ITAT's order was in appeal against an order dated 30.12.2011 passed by the Commissioner of Income Tax (Appeals)-VII, Hyderabad, which in turn was against an assessment order dated 31.12.2010 passed by the Deputy Commissioner of Income Tax, Central Circle-IV, Hyderabad.

What were the issues?

1. Whether the appeal should be permitted to be withdrawn by the appellant in light of Circular No. 09/2024 dated 17.09.2024. Contentions: Assessee: The judgment does not record any specific contentions from the assessee's side regarding the withdrawal of the appeal. The assessee's counsel is noted as Sri A.V. Raghu Ram. Revenue: The learned counsel for the appellant (Revenue) sought leave of the Court to withdraw the appeal in light of Circular No. 09/2024 dated 17.09.2024, with the liberty to revive the same if the subject matter falls within the exceptions provided in Circular No. 5/2024 dated 15.03.2024.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

[ 34{8 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Mgllg4Y, THE StXrH DAY OF JANUARY Two rHousAND AND rwerurv rivE-' PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL NO: 559 oF 2013 Appeal fired under section 260-4 of 'the rncome Tax Act, 1961 against the order dated 17.06-2013 passed in r.T-A.No. 92/Hydr2012for Assessment year 2009- 10 0n the fire of the lncome Tax Apperate Tribunar, Bench-,, Hyderabad preferred against the order dated 30.12.2011 passed in rrA. No. 1245rDctr cc-4lcrr(A)_ vlll2010-11 on the fire of the commissioner of rncome Tax (Appears) - Vil, Hyderabad preferred against the Assessment order dated 31.12.2010 passed in PANiGIR No.AAOFSOO38E on the fire of the Deputy commissioner of rncome Tax, Central Circle -, Hyderabad. Between: Commissioner of lncome Tax_V, lT Towers, A.C. Guards, Hyderabad. AND ...Appeltant M/s Jagadamba pearrs Dearers, 7-2-7ss, post Market, secunderabad. ...Respondent. Counsel for the Appellant : Ms. B. Sapana Reddy Junior Standing Counsel t"iff ::illi ,l:l,i J;ll1i3x,i,il i o r sra n d i n g Counsel for the Respondent : Sri A.V. Raghu Ram The Court delivered the following: ,]

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J.SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL No.559 of 2013 JUDGMENT: Per the Hon'ble the Chief Justi@ AIok Aradhe) Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing Cc,unsel for Income Tax Department for the appellant 2. Learned counsel for the appellant seeks leave of this Court to withdraw the appeal in the light of the Circular No.O9/2O2a, dated 17.09.2024, wtthr the liberty to revive the same in case the subject matter of the appeal lalls in any of the exceptions provided in the Circulat No.5/2O24 dated 15.03.11024. 3. Accordingly, the appeal is dismissed as withdrawn in terms of the liberty as prayed for. l {

! 2 \ Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs. Sd/. K. SRINIVASA RAO //TRUE COPYII T REGISTRAR TION OFFICE To, 5. 6. DUgh o 1 2 J 4 The lncome Tax Aooellate Tribunal,^Bench_B, Hyderabad preferred. The Commissionei of tncome Tax (Appealsf_ Vif , ffyO"raO"O. The Deputy Commissioner of f ncline -Tax','Central Circle _ , Hyderabad. One CC to One CC to tvlr. J.V. prasad Senior Standing Counsel for lncome Tax Department [OPUC] One CC to Sri A.V. Raohu Ram, Rdvocate IOPUCI Two CD Copies

HIGH COURT DATED:06/01/2025 JUDGMENT |TTA.No.SS9 of 2O13 APPEAL IS DISMISSED AS WTHDRAWN A-Li :r .I .\ -l O .l- -b 9]i t// J -tD 51rT E I A Pffl o a

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