Principal Commissioner of Income Tax-1, vs. M/s Annapurna Business Solutions,

PDF · subscribers
ITTA/79/2021HC TelanganaHBHC01013937202106 January 2025Bench: J SREENIVAS RAO,ALOK ARADHE4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the appellant'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. The liberty was sought to revive the appeal if the subject matter fell within the exceptions provided in Circular No. 8/2024 dated 15.03.2024. Consequently, the appeal was dismissed as withdrawn in terms of the liberty granted. Miscellaneous applications, if any, were also closed, with no order as to costs. The specific grounds for withdrawal or the substantive issues of the appeal were not decided on merits.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-I against an order dated 17.12.2019 passed by the Income Tax Appellate Tribunal (ITAT), Bench-B, Hyderabad. This order pertained to Assessment Year 2008-09 and was preferred against an order dated 31.03.2015 by the Commissioner of Income Tax (Appeals) - 12. The ITAT's order, in turn, was against an assessment order passed by the Deputy Commissioner of Income Tax, Central Circle -3, Hyderabad, concerning the assessee M/s Annapurna Business Solutions, with PAN No. AAGF5343Q. The High Court was hearing the appeal filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

1. Whether the appeal filed by the appellant (Revenue) should be permitted to be withdrawn. This question arises from the appellant's request to withdraw the appeal in light of Circular No. 09/2024 dated 17.09.2024, with liberty to revive it if the subject matter falls under exceptions in Circular No. 8/2024 dated 15.03.2024. Contentions: Assessee: No arguments recorded for the assessee on this specific procedural point. Revenue: Seeks leave to withdraw the appeal based on the aforementioned circulars, with liberty to revive.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

[ 3418 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE J SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL NO: 79 OF 2021 Appeal filed under Section 260-4 of the lncome Tax Act, 1961 against the Order dated 17.12.2019 passed in l.T.A.No. B67lHydl2015 for Assessment year 2008-09 on the file of the lncome Tax Appellate Tribunal, Bench-B, Hyderabad preferred against the Order dated 31.03.2015 passed in ITA Nos. 269 to 274lClT(A)- 12lHydl2O14-15 on the file of the Commissioner of lncome Tax (Appeals) - 12, Room No. 3A-5, Aayakar Bhavn, Annexe Building, Basheerbah, Hyderabad preferred against the Assessment Order passed in PAN No.AAGFA5343Q on the file of the Deputy Commissioner of lncome Tax, Central Circle -3, Hyderabad- Between; Principal Commissioner of lncome Tax-l , 7th Floor, A-Block, l.T.Towers. A. C Guards, Masabtank, Hyderabad - 500 004. ...Appellant AND M/s Annapurna Business Solutions, 6-3-866iA, Suite No. 401, Maheswari Mekins '' Mayank Plaza, Greenlands Road, Begumpet, Hyderabad. PAN No. AAGF5343Q ...Respondent Counsel for the Appellant : Ms. B. Sapna Reddy, Junior Standing Counsel representing Mr. J.V. Prasad Senior Standing Counsel for lncome Tax Department Counsel for the Respondent : Sri A V A Siva Kartikeya The Court delivered the following:

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J.SREENTVAS RAO INCOME TA)( TRIBUNAL APPEAL No.79 of 2O2L JUDGMENT: per ttrc tlon,bte the cttpJJustu:e At()k Ara(the) Ms. [].Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.prasad, learned Senior Standing Counsel for Income Tax Department for the appellant. 2. Learnerl counsel for the appellant seeks leave of this Court to wrthdraw the appeal in the light of the Circular No.O9/2024, dated 17.O9.2024, with the liberty to revive the same in case the subject matter of the appeal Ialls in any of the er:ceptions provided in the Circutar No.Sl2024 dated 15.03.2024. 3. Accordingly, the appeal is dismissed as withdrawn in terms of the liberty as prayed for. t

2 \1\. \ Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs. Sd/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SE OFFICER To, 1 4 The lncome Tax Appellate Tribunal, Bench-B, Hyderabad' The Commissioner of lncome Tax (Appeals) - 12' Room No 3A-5' Aayakar Bhavn, Annexe Building, Basheerbah, Hyderabad'- - in6- o"prty iommissioner of lncome Tax, Central Circle -3' Hyderabad Oie CC to Mr. J.V- Prasad Senior Standing Counsel for lncome Tax Department [OPUC] o;; CC to sht n vA slvA KARTIKEYA, Advocate [oPUc] Two CD CoPies 5. b. DL/gh q

/, HIGH COURT DATED:06/01/2025 JUDGMENT lTTA.No.79 of 2021 APPEAL IS DISMISSED AS WITHDRAWN :r.!: S T,:1 1 ( \' )7 C, --: a)J I Itl .a- ASPATG $E! oll,f ,

Recent GST High Court judgments

Search GST case law →