The Commissioner of Income Tax-IV vs. Nagarjuna Aqua Exports Ltd.,

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ITTA/80/2012HC TelanganaHBHC01041843201220 December 2024Bench: J SREENIVAS RAO,ALOK ARADHE3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court, in its judgment dated 20.12.2024, addressed the request made by the appellant (revenue) to withdraw the appeal. The learned Senior Standing Counsel for the appellant sought leave to withdraw the appeal in light of Circular No. 09/2024 dated 17.09.2024. Crucially, the request included liberty to revive the appeal should the subject matter of the appeal fall within any of the exceptions provided in Circular No. 5/2024 dated 15.03.2024. The Court accepted this request. Accordingly, the appeal was dismissed as withdrawn, with the liberty to revive as prayed for by the appellant. Miscellaneous applications, if any, were also closed. No order was made as to costs. The specific substantive issues that were before the ITAT and the CIT(A) were not decided on merits by the High Court.

What were the facts?

This matter concerns an appeal filed by the Commissioner of Income Tax-IV, Hyderabad (the appellant/revenue) against an order dated 27.06.2018 passed by the Income Tax Appellate Tribunal (ITAT) Hyderabad Benches. The ITAT's order was in relation to ITA No. 351/H/06 for Assessment Year 2000-2001. The appeal before the High Court challenges the ITAT's decision which upheld an order dated 22.02.2006 passed by the Commissioner of Income Tax (Appeals) - V, Hyderabad. The CIT(A) had in turn adjudicated upon an issue arising from the order of the Assistant Commissioner of Income Tax, Circle 16(1), Hyderabad. The respondent is Nagarjuna Aqua Exports Ltd. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

1. Whether the appeal filed by the revenue should be permitted to be withdrawn based on Circular No. 09/2024 dated 17.09.2024, with liberty to revive it if the subject matter falls within exceptions in Circular No. 5/2024 dated 15.03.2024? Assessee's Contention: The assessee, Nagarjuna Aqua Exports Ltd., was represented by Ms. K. Prabhavati. Revenue's Contention: The appellant, Commissioner of Income Tax-IV, Hyderabad, represented by Mr. J.V. Prasad, Senior Standing Counsel for Income Tax, sought leave to withdraw the appeal. The revenue relied on Circular No. 09/2024 dated 17.09.2024, requesting liberty to revive the appeal if the subject matter falls under the exceptions provided in Circular No. 5/2024 dated 15.03.2024. The judgment does not record any specific arguments from the assessee regarding the withdrawal, other than their representation.

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 FRIDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR [ 3418 ] ...APPELLANT Appeal under section 260-4' of .the lncome Tax Act-1961 ' against the order dated. 27-o6'20ciB ;;;;; i; i t A r'ro ssrlH/06 for Assessment Year 2000-2001 on tfe file ot t#l;Ion]" i'i npptrr't" Tribunal Hvderabad Benches "B". Hvderabad preferred "dli"tiih" oiJeiolieo-zr os 2006 oaised in lTA No 319 to 32ilAclr-16(1/clr(A)-v7itj0"d H;';h" nr" "{tr'9 commissioner of lncome rax (Aooeals) - V, Hvderabad ;;;f""; ll'intt fl't" Order dated 22'022006 passed in FXtUiiR/ No''AAACt\ft266";;'th;li; oi-t,J assist"nt Commissioner of lncome Tax, Circle 16(1), HYderabad' PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE J SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL NO: 80 oF 2012 The Commissioner of lncome Tax-lV, Hyderabad Between: AND Nagarjuna Aqua Exports Ltd , 6, Nagarjuna Hills' Punjagutta' Hyderabad-82 ...RESPONDENT Counsel for the Appellant: SRI' J V PRASAD (SC FOR INCOME TAX) Counsel for the Respondent: Ms' K PRABHAVATI REP SRI A V RAGHU RAM' Learned Counsel The Court delivered the following: JUDGMENT

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J.SREENryAS RAO INCOME TA)( TRIBUNAL APPEAL No.8O of 2Ot2 JUDGMENT: @er the Hon'ble the Chief Justice Alok Arod.he) Mr. J.V.Prasad, learned Senior Standing Counsel for Income Tax Department for the appellant. Ms. K.Prabhabati, learned counsel representing Mr. A.V.Raghu Ram, learned counsel for the respondent. 2. Learned Senior Standing Counsel for the appellant seeks ieave of this court to withdraw the appeal in the right of the circurar No'09/2024, dated 17.o9.2024, with the liberty to reviv. the same in case the subject matter of the appeal falls in any of the exceptions provided in the Circula:. No.S/2024 dated 15.O3.2024. 3. Accordingly, the appeal is dismissed as withdrawn in terms of the liberty as pr.ayed for. MiscellaleorLs applications pending, if any, shall stand closed. However, there shall be no order as to costs. Sd/- K. SRINIVASA RAO JOINT EGlafRAR //TRUE COPY// 5 \ SECTION OFFICER To 1 2. 3. 4. rao 3 l{{'n'sr, The Income Tax Appellate Tribunal, Hyderabad Benches "8", Hyderabad The Commissioner of lncome Tax (Appeals) - V, Hyderabad. The Assistant Commissioner of lncomb Tax, Circle i 6(1), Hyderabad. One CC to SRl. J V PRASAD, SC FOR TNCOME TAX t6p0cl One CC to SRl. A V RAGHU RAII/. Advocate IOPUC] Two CD Copies i I I I , i i I I i i : I I l

HIGH COURT DATED:20112t2024 JUDGMENT lTTA.No.80 ot 2012 DISMISSING THE !.T.T.A AS WITHDRAWN I G3Hf ivds t l_,o t '.) l.'ii,\ gue ,tlt,t 6 0 _ ../6\l/u, ^ ,.. \.-

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