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[331 1 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI INCOME TAX TRIBUNAL APPEAL NO: 245 OF 2006 Appeal under section 2604 of the lncome Tax Act, 1961, against order in ITA No.553/Hyd/1 999 dated 28-10-2005 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench-B, Hyderabad. Between: The Commissioner of lncome Tax-lll, Hyderabad ...APPELLANT AND It//s Venkateswara Hatcheries Limited, 3-5-808, Hyderguda, Hyderabad-500029. ...RESPONDENT Counsel for the Appellant: Sri J.V. Prasad Counsel forthe Respondent: Sri Y. RATNAKAR The Court made the following: rk I
,s THE HON'BLE THE CHIEF JUSTICE UJJAL BHIIYAN AND THE HON'BLE SRI JUSTICE N. TUKARAMJI LT.T.A.No.245 of 2OO6 JUDGMENT: (t)er rhe t lo ble the t-t1ieJ Justic.e UiaL Bhugan) Heard Mr. J.V.Prasad, learned Standing Counsel for lncome Tax Department for the appellant. 2. This appeal under Section 260A of the Income Tar Act, 1961, is directed against the order dated 28.10.2005 passed by the Income Tax Appellate Tribuna,l, Hycierabad Bench 'B', Hyderabad, in I.T.A.No.553 lHyd/ 1999 for the assessment year 1995- 1996. 3. Mr. J.V.Prasad, leamed Standing Counsel fairly submits that the disputed ta-x in the present appeal is below the monetary limit prescribed by the Central Board of Direct Taxes (CBDT). 4. We find that Central Board of Direct Taxe s (CBDT) has issued Circular No.17 of 2019, dated 08.08.2019, ( I amending the previous Circular No'3 ol 2018' dated I I
2 11.O7 .2OlB, by further enhancing the monetary limits. for iiling appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said circular we find that the monetary limit fixed for filing an appeal before the High Court is Rs.1.OO crore. 5. Therefore, the appeal filed by the Department 1S dated 08.08.2019. However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 20 iB, it lvould be open to the income Tax Department to seek revival of the appeal Miscellaneous appiications pending, if any, sha-ll stand closed. However, there shall be no order as to costs. \ //TRUE COPY// "-r'.t*iHS[+'-1"J / sEcrloN dirrcen To, 1 2. 3. 4. The lncome Tax Appellate Tribunal' Hyderabad Bench-B' Hyderabad' (with records, if any) One CC to Sri J.V Prasad, s C For lncome Tax Department [oPUC] One CC to Sri Y RATNAKAR' Advocate IOPUCI Two CD CoPies I. DL VH dismissed in terms of the aforesaid Circular No.17 of 2019, I
HIGH COURT UB, J & NTR, J DATED: 0110212023 JUDGMENT ITTA.No.245 of 2006 DISMISSING THE I.T-T.A E.J 11 ttB ?[?1 1$e s!(JE k.. \ v C,: ., ,)} I